81R12077 PAM-D

By: Zaffirini S.B. No. 1873

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. Sections 232.021(5) and (9), Local Government Code, are amended to read as follows:

(5) "Lease" means a final executed contract [includes an offer] to lease real property.

(9) "Sell" means to convey title to real property [includes an offer to sell].

SECTION 2. Section 232.022(b), Local Government Code, is amended to read as follows:

(b) This subchapter applies only to land that is subdivided into two or more lots that are intended primarily for residential use in the jurisdiction of the county. A lot is presumed to be intended for residential use if the lot is less than five acres [or less]. This subchapter does not apply if the subdivision is incident to the conveyance of the land as a gift between persons related to each other within the third degree by affinity or consanguinity, as determined under Chapter 573, Government Code.

SECTION 3. Section 232.025, Local Government Code, is amended to read as follows:

Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision:

(1) require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet;

(2) require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet;

(3) require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 18 [25] feet or more than 35 feet;

(4) adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road;

(5) adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices;

(6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing how and when water, sewer, electricity, and gas services will be made available to the subdivision; and

(7) require that the subdivider of the tract execute a bond in the manner provided by Section 232.027.

SECTION 4. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.0251 to read as follows:

Sec. 232.0251. STANDARD FOR ROADS IN SUBDIVISION. A county may not impose under Section 232.025 a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads with a similar type and amount of traffic.

SECTION 5. Section 232.027, Local Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Unless a person has completed the installation of all water and sewer service facilities required by this subchapter on the date that person applies for final approval of a plat under Section 232.024 or the person has complied with Sections 232.023(b)(12)(A) and (B), Section 232.023(c), and Sections 232.032(1) and (2), the commissioners court shall require the subdivider of the tract to execute and maintain in effect a bond or, in the alternative, a person may make a cash deposit in an amount the commissioners court determines will ensure compliance with this subchapter. A person may not meet the requirements of this subsection through the use of a letter of credit unless that letter of credit is irrevocable and issued by an institution guaranteed by the Federal Deposit Insurance Corporation [FDIC]. The subdivider must comply with the requirement before subdividing the tract.

(c) A bond under this section may not be required from a person who has complied with the certification procedures under Sections 232.023(b)(12)(A) and (B), Section 232.023(c), and Sections 232.032(1) and (2) in regard to the water and sewer service facilities required by this subchapter.

SECTION 6. Section 232.031(a), Local Government Code, is amended to read as follows:

(a) Except as provided by Subsection (d), a subdivider may market, promote, and advertise the sale [not sell] or lease of land in a subdivision first platted or replatted after July 1, 1995, before [unless] the subdivision plat is approved by the commissioners court in accordance with Section 232.024.

SECTION 7. Section 232.035, Local Government Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) A person who violates Subsection (a) is not subject to a fine under Subsection (c) or (d) if the person meets the platting requirements of this subchapter not later than the 30th day after the date the person receives notice that the requirements have not been met.

SECTION 8. Section 232.036(b), Local Government Code, is amended to read as follows:

(b) A subdivider who owns a subdivision commits an offense if the subdivider knowingly fails to timely provide for the certification, construction, or installation of water or sewer service as required by Section 232.032 or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. An offense under this subsection is a Class A misdemeanor.

SECTION 9. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.045 to read as follows:

Sec. 232.045. BUILDING PERMIT. (a) The county shall issue a residential building permit to a person submitting an application for the permit who has:

(1) met the applicable requirements under this subchapter; and

(2) otherwise complied with the applicable law and rules relating to the issuance of the building permit.

(b) The county shall also issue a residential building permit to an applicant who:

(1) owns a tract of at least 5 but not more than 10 acres of land that has access to public roads and to the appropriate services as required by the county for building permits, that has not had a county-approved plat filed with the county clerk, and that is used for agricultural purposes; and

(2) has otherwise complied with the applicable law and rules relating to the issuance of the building permit.

(c) The county may charge a reasonable fee to cover the cost of administering the issuance of residential building permits under this subchapter.

SECTION 10. 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.