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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. Sections 232.021(5) and (9), Local Government |
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Code, are amended to read as follows: |
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(5) "Lease" means a final executed contract [includes
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an offer] to lease real property. |
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(9) "Sell" means to convey title to real property |
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[includes an offer to sell]. |
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SECTION 2. 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 3. Section 232.025, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order |
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adopted and entered in the minutes of the commissioners court, and |
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after a notice is published in English and Spanish in a newspaper of |
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general circulation in the county, the commissioners court shall |
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for each subdivision: |
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(1) require a right-of-way on a street or road that |
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functions as a main artery in a subdivision, of a width of not less |
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than 50 feet or more than 100 feet; |
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(2) require a right-of-way on any other street or road |
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in a subdivision of not less than 40 feet or more than 70 feet; |
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(3) require that the shoulder-to-shoulder width on |
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collectors or main arteries within the right-of-way be not less |
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than 32 feet or more than 56 feet, and that the shoulder-to-shoulder |
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width on any other street or road be not less than 18 [25] feet or |
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more than 35 feet; |
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(4) adopt, based on the amount and kind of travel over |
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each street or road in a subdivision, reasonable specifications |
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relating to the construction of each street or road; |
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(5) adopt reasonable specifications to provide |
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adequate drainage for each street or road in a subdivision in |
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accordance with standard engineering practices; |
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(6) require that each purchase contract made between a |
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subdivider and a purchaser of land in the subdivision contain a |
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statement describing how and when water, sewer, electricity, and |
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gas services will be made available to the subdivision; and |
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(7) require that the subdivider of the tract execute a |
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bond in the manner provided by Section 232.027. |
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SECTION 4. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0251 to read as follows: |
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Sec. 232.0251. STANDARD FOR ROADS IN SUBDIVISION. A county |
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may not impose under Section 232.025 a higher standard for streets |
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or roads in a subdivision than the county imposes on itself for the |
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construction of streets or roads with a similar type and amount of |
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traffic. |
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SECTION 5. Section 232.027, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Unless a person has completed the installation of all |
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water and sewer service facilities required by this subchapter on |
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the date that person applies for final approval of a plat under |
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Section 232.024 or the person has complied with Sections |
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232.023(b)(12)(A) and (B), Section 232.023(c), and Sections |
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232.032(1) and (2), the commissioners court shall require the |
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subdivider of the tract to execute and maintain in effect a bond or, |
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in the alternative, a person may make a cash deposit in an amount |
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the commissioners court determines will ensure compliance with this |
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subchapter. A person may not meet the requirements of this |
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subsection through the use of a letter of credit unless that letter |
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of credit is irrevocable and issued by an institution guaranteed by |
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the Federal Deposit Insurance Corporation [FDIC]. The subdivider |
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must comply with the requirement before subdividing the tract. |
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(c) A bond under this section may not be required from a |
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person who has complied with the certification procedures under |
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Sections 232.023(b)(12)(A) and (B), Section 232.023(c), and |
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Sections 232.032(1) and (2) in regard to the water and sewer service |
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facilities required by this subchapter. |
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SECTION 6. Section 232.031(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (d), a subdivider may |
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market, promote, and advertise the sale [not sell] or lease of land |
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in a subdivision first platted or replatted after July 1, 1995, |
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before [unless] the subdivision plat is approved by the |
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commissioners court in accordance with Section 232.024. |
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SECTION 7. Section 232.035, Local Government Code, is |
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amended by adding Subsection (d-1) to read as follows: |
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(d-1) A person who violates Subsection (a) is not subject to |
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a fine under Subsection (c) or (d) if the person meets the platting |
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requirements of this subchapter not later than the 30th day after |
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the date the person receives notice that the requirements have not |
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been met. |
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SECTION 8. Section 232.036(b), Local Government Code, is |
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amended to read as follows: |
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(b) A subdivider who owns a subdivision commits an offense |
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if the subdivider knowingly fails to timely provide for the |
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certification, construction, or installation of water or sewer |
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service as required by Section 232.032 or fails to make a reasonable |
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effort to have electric utility service and gas utility service |
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installed by a utility as required by Section 232.032. An offense |
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under this subsection is a Class A misdemeanor. |
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SECTION 9. 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. |
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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. |
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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 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |