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AN ACT
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relating to an application filed with a county commissioners court |
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to revise a subdivision plat; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.009, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1) and |
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(g) to read as follows: |
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(c) Except as provided by Subsection (c-1), after [After] |
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the application is filed with the commissioners court, the court |
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shall publish a notice of the application in a newspaper of general |
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circulation in the county. The notice must include a statement of |
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the time and place at which the court will meet to consider the |
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application and to hear protests to the revision of the plat. The |
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notice must be published at least three times during the period that |
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begins on the 30th day and ends on the seventh day before the date of |
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the meeting. Except as provided by Subsection (f), if all or part |
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of the subdivided tract has been sold to nondeveloper owners, the |
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court shall also give notice to each of those owners by certified or |
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registered mail, return receipt requested, at the owner's address |
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in the subdivided tract. |
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(c-1) If the commissioners court determines that the |
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revision to the subdivision plat does not affect a public interest |
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or public property of any type, including, but not limited to, a |
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park, school, or road, the notice requirements under Subsection (c) |
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do not apply to the application and the commissioners court shall: |
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(1) provide written notice of the application to the |
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owners of the lots that are within 200 feet of the subdivision plat |
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to be revised, as indicated in the most recent records of the |
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central appraisal district of the county in which the lots are |
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located; and |
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(2) if the county maintains an Internet website, post |
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notice of the application continuously on the website for at least |
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30 days preceding the date of the meeting to consider the |
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application until the day after the meeting. |
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(g) The commissioners court may impose a fee for filing an |
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application under this section. The amount of the fee must be based |
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on the cost of processing the application, including publishing the |
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notices required under Subsection (c) or (c-1). |
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SECTION 2. Section 232.041, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (b-1) and |
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(e) to read as follows: |
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|
(b) Except as provided by Subsection (b-1), after [After] |
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|
the application is filed with the commissioners court, the court |
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|
shall publish a notice of the application in a newspaper of general |
|
|
circulation in the county. The notice must include a statement of |
|
|
the time and place at which the court will meet to consider the |
|
|
application and to hear protests to the revision of the plat. The |
|
|
notice must be published at least three times during the period that |
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|
begins on the 30th day and ends on the seventh day before the date of |
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|
the meeting. If all or part of the subdivided tract has been sold to |
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|
nondeveloper owners, the court shall also give notice to each of |
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|
those owners by certified or registered mail, return receipt |
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|
requested, at the owner's address in the subdivided tract. |
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(b-1) If the commissioners court determines that the |
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revision to the subdivision plat does not affect a public interest |
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|
or public property of any type, including, but not limited to, a |
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|
park, school, or road, the notice requirements under Subsection (b) |
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|
do not apply to the application and the commissioners court shall: |
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(1) provide written notice of the application to the |
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|
owners of the lots that are within 200 feet of the subdivision plat |
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|
to be revised, as indicated in the most recent records of the |
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|
central appraisal district of the county in which the lots are |
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|
located; and |
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|
(2) if the county maintains an Internet website, post |
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|
notice of the application continuously on the website for at least |
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|
30 days preceding the date of the meeting to consider the |
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application until the day after the meeting. |
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(e) The commissioners court may impose a fee for filing an |
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application under this section. The amount of the fee must be based |
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on the cost of processing the application, including publishing the |
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notices required under Subsection (b) or (b-1). |
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SECTION 3. Sections 232.009 and 232.041, Local Government |
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Code, as amended by this Act, apply only to an application filed on |
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or after the effective date of this Act. |
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SECTION 4. 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, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 552 passed the Senate on |
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April 9, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 552 passed the House on |
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May 17, 2013, by the following vote: Yeas 131, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |