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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation by certain counties of lots in platted |
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subdivisions that have remained undeveloped for 25 years or more. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS |
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TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) This section applies |
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only to a county with a population of more than 800,000 that is |
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adjacent to an international border. |
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(b) A commissioners court by order may implement a process: |
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(1) applicable to a subdivision in which 50 percent or |
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more of the lots are undeveloped or unoccupied on or after the 25th |
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anniversary of the date the plat for the subdivision was recorded |
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with the county; and |
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(2) through which the county, to the extent |
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practicable, may apply to the subdivision more current street, |
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road, drainage, and other infrastructure requirements. |
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(c) A regulation or standard adopted by a county under this |
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section must be no less stringent than the minimum standards and |
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other requirements under the model rules for safe and sanitary |
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water supply and sewer services adopted under Section 16.343, Water |
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Code, and any other minimum public safety standards that would |
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otherwise be applicable to the subdivision. |
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(d) A regulation or standard adopted by a county under this |
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section applies only to a lot that is owned by an individual, firm, |
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corporation, or other legal entity that directly or indirectly |
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offers lots for sale or lease as part of a common promotional plan |
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in the ordinary course of business, and each regulation or standard |
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must expressly state that limitation. For the purposes of this |
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subsection, "common promotional plan" means a plan or scheme of |
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operation undertaken by a person or a group acting in concert, |
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either personally or through an agent, to offer for sale or lease |
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more than two lots when the land is: |
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(1) contiguous or part of the same area of land; or |
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(2) known, designated, or advertised as a common unit |
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or by a common name. |
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SECTION 2. The county may not apply an order adopted under |
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Section 232.045, Local Government Code, as added by this Act, to a |
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subdivision that is the subject of a judicial proceeding pending on |
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May 1, 2017, to determine whether the subdivision is subject to a |
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valid and existing subdivision plat. |
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SECTION 3. This Act takes effect January 1, 2018. |