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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of subdivision platting requirements in |
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certain counties near the international border of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this Act is to allow the state and |
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certain counties to be affected parties in claims against |
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unscrupulous developers who violate subdivision platting |
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requirements under Subchapter B, Chapter 232, Local Government |
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Code, since the state and counties may reasonably be expected to |
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mitigate or ameliorate the conditions created by those developers. |
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SECTION 2. Section 232.037, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) The attorney general, or the district attorney, |
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criminal district attorney, county attorney with felony |
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responsibilities, or county attorney of the county may take any |
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action necessary in a court of competent jurisdiction on behalf of |
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the state, an affected county subject to this subchapter, or |
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affected [on behalf of] residents to: |
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(1) enjoin the violation or threatened violation of |
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the model rules adopted under Section 16.343, Water Code; |
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(2) enjoin the violation or threatened violation of a |
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requirement of this subchapter or a rule adopted by the |
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commissioners court under this subchapter; |
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(3) recover civil or criminal penalties, attorney's |
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fees, litigation costs, and investigation costs; [and] |
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(4) require platting or replatting under Section |
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232.040; |
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(5) recover funds paid to the subdivider or an agent of |
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the subdivider, with interest; |
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(6) freeze the assets of the subdivider or an agent of |
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the subdivider; and |
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(7) void or rescind contracts. |
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(e) If the state or a county is a party to the claim, funds |
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recovered under Subsection (a)(5) must be divided between the |
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affected residents and the governmental entity or entities, with 50 |
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percent of the recovery to be paid to the affected residents and the |
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other 50 percent to be paid to the governmental entity or entities. |
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Multiple governmental entities that are party to the claim must |
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divide money received under this subsection equally among the |
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entities. |
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SECTION 3. This Act takes effect September 1, 2011. |