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A BILL TO BE ENTITLED
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AN ACT
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relating to granting counties authority to regulate certain land |
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use; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) To be recorded, the plat must: |
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(1) describe the subdivision by metes and bounds; |
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(2) locate the subdivision with respect to an original |
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corner of the original survey of which it is a part; [and] |
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(3) state the dimensions of the subdivision and of |
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each lot, street, alley, square, park, or other part of the tract |
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intended to be dedicated to public use or for the use of purchasers |
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or owners of lots fronting on or adjacent to the street, alley, |
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square, park, or other part; and |
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(4) comply with any other requirements of this chapter |
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or an order adopted by the county under this chapter. |
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SECTION 2. Sections 232.002(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) The commissioners court of the county in which the land |
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is located must approve, by an order entered in the minutes of the |
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court, a plat required by Section 232.001. The commissioners court |
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may refuse to approve a plat if: |
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(1) the plat [it] does not meet the requirements |
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prescribed by or under this chapter or an order adopted by the |
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commissioners court under this chapter; or |
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(2) [if] any bond required under this chapter is not |
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filed with the county. |
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(c) If no portion of the land subdivided under a plat |
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approved under this section is sold or transferred before January 1 |
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of the 51st year after the year in which the plat was approved, the |
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approval of the plat expires, and the owner must resubmit a plat of |
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the subdivision for approval. A plat resubmitted for approval |
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under this subsection is subject to the requirements prescribed by |
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this chapter and any orders adopted by the commissioners court |
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under this chapter in effect at the time the plat is resubmitted. |
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SECTION 3. Sections 232.0021(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The commissioners court may impose an application fee to |
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cover the cost of the county's review of a subdivision plat and |
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inspection of street, road, [and] drainage, and other improvements |
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described by the plat. |
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(b) The fee may vary based on the number of proposed lots in |
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the subdivision, the acreage described by the plat, the type or |
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extent of proposed street, [and] drainage, and other improvements, |
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or any other reasonable criteria as determined by the commissioners |
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court. |
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SECTION 4. Section 232.0025(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county or a person |
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designated by the commissioners court shall issue a written list of |
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the documentation and other information that must be submitted with |
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a plat application. The documentation or other information must |
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relate to a requirement authorized under this chapter [section] or |
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other applicable law. An application submitted to the |
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commissioners court or the person designated by the commissioners |
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court that contains the documents and other information on the list |
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is considered complete. |
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SECTION 5. Section 232.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.003. 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 a newspaper of general circulation in |
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the county, the commissioners court may: |
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(1) require a right-of-way on a street or road that |
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functions or is intended to function as a main artery in a |
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subdivision, of a width of not less than 50 feet or more than 100 |
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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 25 feet or more |
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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 the extent to which water will be made |
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available to the subdivision and, if it will be made available, how |
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and when; |
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(7) require that the owner of the tract to be |
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subdivided execute a good and sufficient bond in the manner |
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provided by Section 232.004; |
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(8) adopt reasonable specifications that provide for |
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drainage in the subdivision to: |
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(A) efficiently manage the flow of stormwater |
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runoff in the subdivision; and |
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(B) coordinate subdivision drainage with the |
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general storm drainage pattern for the area; and |
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(9) require lot and block monumentation to be set by a |
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registered professional surveyor before recordation of the plat. |
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SECTION 6. Section 232.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.004. BOND REQUIREMENTS. If the commissioners |
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court requires the owner of the tract to execute a bond, the owner |
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must do so before subdividing the tract unless an alternative |
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financial guarantee is provided under Section 232.0045. The bond |
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must: |
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(1) be payable to the county judge of the county in |
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which the subdivision will be located or to the judge's successors |
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in office; |
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(2) be in an amount determined by the commissioners |
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court to be adequate to ensure proper construction of the roads, |
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[and] streets, and other infrastructure, including, if applicable, |
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water supply and sewage collection and treatment systems in the |
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subdivision, [in] and drainage requirements for the subdivision, |
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but not to exceed the estimated cost of construction of the roads, |
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streets, and other infrastructure and drainage requirements; |
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(3) be executed with sureties as may be approved by the |
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court; |
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(4) be executed by a company authorized to do business |
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as a surety in this state if the court requires a surety bond |
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executed by a corporate surety; and |
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(5) be conditioned that the roads, [and] streets, and |
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other infrastructure and the drainage requirements for the |
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subdivision will be constructed: |
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(A) in accordance with the specifications |
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adopted by the court; and |
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(B) within a reasonable time set by the court. |
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SECTION 7. Section 232.0045(b), Local Government Code, is |
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amended to read as follows: |
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(b) If a letter of credit is used, it must: |
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(1) list as the sole beneficiary the county judge of |
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the county in which the subdivision is located; and |
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(2) be conditioned that the owner of the tract of land |
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to be subdivided will construct any roads, [or] streets, and other |
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infrastructure, and the drainage requirements in the subdivision: |
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(A) in accordance with the specifications |
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adopted by the commissioners court; and |
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(B) within a reasonable time set by the court. |
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SECTION 8. Sections 232.005(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) At the request of the commissioners court, the county |
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attorney or other prosecuting attorney for the county may file an |
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action in a court of competent jurisdiction to: |
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(1) enjoin the violation or threatened violation of a |
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requirement established by, or adopted by the commissioners court |
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under [a preceding section of] this chapter; or |
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(2) recover damages in an amount adequate for the |
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county to undertake any construction or other activity necessary to |
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bring about compliance with a requirement established by, or |
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adopted by the commissioners court under [a preceding section of] |
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this chapter. |
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(b) A person commits an offense if the person knowingly or |
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intentionally violates a requirement established by, or adopted by |
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the commissioners court under [a preceding section of] this |
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chapter. An offense under this subsection is a Class B misdemeanor. |
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This subsection does not apply to a violation for which a criminal |
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penalty is prescribed by Section 232.0048. |
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SECTION 9. Section 232.007(g), Local Government Code, is |
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amended to read as follows: |
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(g) Construction of a proposed manufactured home rental |
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community may not begin before the date the county engineer or |
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another person designated by the commissioners court approves the |
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infrastructure development plan. The commissioners court may |
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require inspection of the infrastructure during or on completion of |
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its construction. If a final inspection is required, the final |
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inspection must be completed not later than the sixth [second] |
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business day after the date the commissioners court or the person |
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designated by the commissioners court receives a written |
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confirmation from the owner that the construction of the |
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infrastructure is complete. If the inspector determines that the |
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infrastructure complies with the infrastructure development plan, |
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the commissioners court shall issue a certificate of compliance not |
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later than the fifth business day after the date the final |
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inspection is completed. If a final inspection is not required, the |
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commissioners court shall issue a certificate of compliance not |
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later than the fifth business day after the date the commissioners |
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court or the person designated by the commissioners court receives |
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written certification from the owner that construction of the |
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infrastructure has been completed in compliance with the |
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infrastructure development plan. |
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SECTION 10. Section 232.008(c), Local Government Code, is |
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amended to read as follows: |
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(c) The commissioners court shall publish notice of an |
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application for cancellation. The notice must be published in a |
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newspaper, published in the English language, in the county [for] |
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at least three weeks before the date on which action is taken on the |
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application. The court shall take action on an application at a |
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regular term. The published notice must direct any person who is |
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interested in the property and who wishes to protest the proposed |
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cancellation to appear at the time specified in the notice. |
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SECTION 11. Section 232.0085(c), Local Government Code, is |
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amended to read as follows: |
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(c) The commissioners court must publish notice of a |
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proposal to cancel a subdivision under this section and the time and |
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place of the required hearing in a newspaper of general circulation |
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in the county [for] at least 21 days immediately before the date a |
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cancellation order is adopted under this section. The county tax |
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assessor-collector shall, not later than the 14th day before the |
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date of the hearing, deposit with the United States Postal Service a |
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similar notice addressed to each owner of land in the subdivision, |
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as determined by the most recent county tax roll. |
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SECTION 12. Section 232.009(a), Local Government Code, is |
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amended to read as follows: |
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(a) This section applies only to real property located |
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outside a municipality [municipalities] and outside the |
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extraterritorial jurisdiction, as determined under Chapter 42, of a |
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municipality [municipalities] with a population of 1.5 million or |
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more[, as determined under Chapter 42]. |
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SECTION 13. Section 232.0095(a), Local Government Code, is |
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amended to read as follows: |
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(a) This section applies only to real property located |
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outside a municipality [municipalities] and outside the |
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extraterritorial jurisdiction, as determined under Chapter 42, of a |
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municipality [municipalities] with a population of 1.5 million or |
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more. |
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SECTION 14. Section 232.011(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court may approve and issue an |
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amending plat, if the amending plat is signed by the applicants and |
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filed for one or more of the following purposes: |
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(1) to correct an error or make minor adjustments in a |
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course or distance shown on the preceding plat; |
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(2) to add a course or distance that was omitted on the |
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preceding plat; |
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(3) to correct an error in a real property description |
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shown on the preceding plat; |
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(4) to show the location or character of a monument |
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that has been changed in location or character or that is shown |
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incorrectly as to location or character on the preceding plat; |
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(5) to correct any other type of scrivener or clerical |
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error or omission of the previously approved plat, including lot |
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numbers, acreage, street names, and identification of adjacent |
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recorded plats; or |
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(6) to correct an error or make minor adjustments in |
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courses and distances of lot lines between two adjacent lots if: |
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(A) both lot owners join in the application for |
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amending the plat; |
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(B) neither lot is abolished; |
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(C) the amendment does not attempt to remove |
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recorded covenants or restrictions; and |
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(D) the amendment does not have a material |
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adverse effect on the property rights of the other owners of the |
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property that is the subject of the plat. |
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SECTION 15. The heading to Subchapter E, Chapter 232, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS IN |
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CERTAIN [URBAN] COUNTIES |
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SECTION 16. Section 232.102, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.102. MAJOR THOROUGHFARE PLAN. By an order adopted |
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and entered in the minutes of the commissioners court and after a |
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notice is published in a newspaper of general circulation in the |
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county, the commissioners court may: |
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(1) require a right-of-way on a street or road that |
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functions or is intended to function as a major thoroughfare of a |
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width of not more than 120 feet; or |
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(2) require a right-of-way on a street or road that |
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functions or is intended to function as a major thoroughfare of a |
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width of more than 120 feet, if such requirement is consistent with |
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a transportation plan adopted by the commissioners court |
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[metropolitan planning organization of the region]. |
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SECTION 17. Section 232.103, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.103. LOT FRONTAGES. By an order adopted and |
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entered in the minutes of the commissioners court and after a notice |
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is published in a newspaper of general circulation in the county, |
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the commissioners court may adopt reasonable standards for minimum |
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lot frontages on [existing county] roads in the unincorporated area |
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of the county and establish reasonable standards for the lot |
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frontages in relation to curves in the road. |
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SECTION 18. Section 232.109, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.109. FIRE SUPPRESSION SYSTEM. In a subdivision |
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that is not served by fire hydrants as part of a centralized water |
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system certified by the Texas Commission on Environmental Quality |
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as meeting minimum standards for water utility service, the |
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commissioners court may require a limited fire suppression system |
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that requires a developer to construct: |
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(1) for a subdivision of fewer than 10 lots [50
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houses], 5,000 [2,500] gallons of storage; or |
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(2) for a subdivision of 10 [50] or more lots: |
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(A) 5,000 [houses, 2,500] gallons of storage if |
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the subdivision has [with] a centralized water system; or |
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(B) 10,000 [5,000] gallons of storage if the |
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subdivision does not have a centralized water system. |
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SECTION 19. (a) The changes in law made by this Act to |
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Chapter 232, Local Government Code, apply to a subdivision plat |
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application submitted for approval on or after the effective date |
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of this Act. A subdivision plat application submitted for approval |
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before the effective date of this Act is governed by the law in |
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effect when the application was submitted, and the former law is |
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continued in effect for that purpose. |
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(b) Section 232.005(b), Local Government Code, as amended |
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by this Act, applies only to an offense committed on or after the |
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effective date of this Act. For purposes of this section, an |
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offense is committed before the effective date of this Act if any |
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element of the offense occurs before that date. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. |
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(c) The notice requirements prescribed by Sections 232.008 |
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and 232.0085, Local Government Code, as amended by this Act, apply |
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only to an application or proposal to cancel a subdivision |
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submitted on or after the effective date of this Act. An |
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application or proposal to cancel a subdivision submitted before |
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the effective date of this Act is governed by the law in effect when |
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the application or proposal was submitted, and the former law is |
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continued in effect for that purpose. |
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SECTION 20. This Act takes effect September 1, 2009. |