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A BILL TO BE ENTITLED
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AN ACT
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relating to subdivision platting requirements in counties near an |
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international border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.022(b), Local Government Code, is |
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amended to read as follows: |
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(b) This subchapter applies only to land that is subdivided |
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into two or more lots that are intended primarily for residential |
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use in the jurisdiction of the county. A lot is presumed to be |
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intended for residential use if the lot is less than five acres [or
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less]. This subchapter does not apply if the subdivision is |
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incident to the conveyance of the land as a gift between persons |
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related to each other within the third degree by affinity or |
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consanguinity, as determined under Chapter 573, Government Code. |
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SECTION 2. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.045 to read as follows: |
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Sec. 232.045. BUILDING PERMIT. (a) The county shall issue |
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a residential building permit to a person submitting an application |
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for the permit who has: |
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(1) met the applicable requirements under this |
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subchapter; and |
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(2) otherwise complied with the applicable law and |
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rules relating to the issuance of the building permit; and |
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(3) has a single residence on the tract or will have a |
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single residence on the tract after the construction allowed by the |
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building permit is complete. |
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(b) The county shall also issue a residential building |
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permit to an applicant who: |
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(1) owns a tract of at least 5 but not more than 10 |
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acres of land that has access to public roads and to the appropriate |
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services as required by the county for building permits, that has |
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not had a county-approved plat filed with the county clerk, and that |
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is used for agricultural purposes; and |
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(2) has otherwise complied with the applicable law and |
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rules relating to the issuance of the building permit; and |
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(3) has a single residence on the tract or will have a |
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single residence on the tract after the construction allowed by the |
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building permit is complete. |
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(c) The county may charge a reasonable fee to cover the cost |
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of administering the issuance of residential building permits under |
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this subchapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |