81R23514 NC-F

By: Guillen H.B. No. 3929

Substitute the following for H.B. No. 3929:

By: Raymond C.S.H.B. No. 3929

A BILL TO BE ENTITLED

AN ACT

relating to subdivision platting requirements in counties near an international border.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.045 to read as follows:

Sec. 232.045. COUNTY DEVELOPMENT PERMIT REQUIRED. (a) In this section:

(1) "Development or develop" means new construction or substantial improvement of any structure.

(2) "Structure" means a walled and roofed building that is principally above ground. The term includes manufactured homes, transportable structures, and recreational vehicles.

(3) "Substantial improvement" means:

(A) the reconstruction, rehabilitation, restoration, addition, remodeling, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement; or

(B) a change in occupancy of a building that results in a change in the purpose or use of a structure from a nonresidential use to a residential use.

(b) This section applies to a tract of land that is 10 acres or less and that is located in the unincorporated area of a county described by Section 232.022(a).

(c) A person may not construct or make a substantial improvement to a structure unless the person obtains a county development permit issued in accordance with this section and the applicable rules, regulations, or orders of the county in which the development is located. The commissioners court may adopt orders as necessary for the administration of this section.

(d) By order adopted and entered in the minutes of the commissioners court, the court may designate an official, department head, or county employee to perform the necessary duties and functions to administer a county order under this section. If a designation is made under this subsection, the commissioners court shall establish an appeal procedure and sit as the appeal body for any appeal or grievance of an applicant for a development permit in regard to an action or decision of the court's designee.

(e) The commissioners court or the court's designee shall issue a development permit to a person submitting an application for the permit who:

(1) has met the infrastructure and certification requirements for the land subject to the permit application;

(2) has met the applicable platting requirements under:

(A) Subchapter A, if the tract of land is more than five acres; or

(B) this subchapter, if the tract of land is five acres or less;

(3) has complied, or will comply through development, with the minimum requirements of the National Flood Insurance Act of 1968 (42 U.S.C. Sections 4001-4127) and local regulations and orders of the county adopted under Section 16.315, Water Code;

(4) has connected, or will connect through development, to water and sewer service facilities in compliance with applicable state law and rules or any order or regulation established by the county, including any rule adopted under Section 16.343 or 17.934, Water Code;

(5) has connected, or will connect through development, electricity and gas, if available, with connections that meet, or will meet, the minimum state standards;

(6) has complied, or will comply through development, with all plat restrictions, limitations, and conditions established by a recorded plat approved by the commissioners court;

(7) has complied, or will comply through development, with all building set-back requirements established by a recorded plat approved by the commissioners court or by county order under Section 233.032 or other law;

(8) has submitted applicable fees, required documentation, or other information established by the county for the issuance of a development permit under this section; and

(9) if the tract of land is more than five acres, has only a single residence on the tract or will have only a single residence on the tract after the construction allowed by the building permit is complete.

(f) By order adopted and entered in the minutes of the commissioners court, the court may charge a reasonable fee to cover the costs of administering the issuance of development permits under this section. Fees collected under this subsection may be used only to defray those costs.

(g) The commissioners court or the court's designee shall issue a written list of the documentation and other information that must be submitted as part of the development permit application. The documentation or other information must relate to a requirement authorized under this section or other applicable law. If a person submits an application that does not include all of the documentation or other information required by this subsection, the commissioners court or the court's designee shall notify the applicant, not later than the 15th business day after the date of receipt by the commissioners court or the court's designee, of the missing documentation or other information. The county's orders adopted under this section must allow for a timely submission of the missing documentation or other information.

(h) A development permit application is considered to be complete when all documentation or other information required by Subsection (g) is received. Acceptance by the commissioners court or the court's designee of a completed application may not be construed as approval of the application.

(i) The commissioners court or the court's designee shall take final action on the approval or disapproval of an application for a development permit not later than the 30th day after the date a completed application is received by the commissioners court or the court's designee. If the application is disapproved, the commissioners court or the court's designee shall provide to the applicant a complete list of the reasons for the disapproval.

(j) The county's authority granted under this section is cumulative of and in addition to the authority granted under this chapter and under other law pertaining to county regulation of the subdivision or development of land.

(k) The county may conduct inspections to ensure compliance with a permit issued under this section.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.