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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.008(h), Local Government Code, is |
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amended to read as follows: |
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(h) Regardless of the date land is subdivided or a plat is |
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filed for a subdivision, the commissioners court may deny a |
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cancellation under this section if the commissioners court |
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determines the cancellation will prevent the proposed |
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interconnection of infrastructure to pending or existing |
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development as defined by Section 232.0395 [232.0085]. |
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SECTION 2. Section 232.0085, Local Government Code, is |
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transferred to Subchapter B, Chapter 232, Local Government Code, |
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redesignated as Section 232.0395, Local Government Code, and |
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amended to read as follows: |
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Sec. 232.0395 [232.0085]. CANCELLATION OF CERTAIN |
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SUBDIVISIONS IF LAND REMAINS UNDEVELOPED. (a) This section |
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applies only to real property located in the unincorporated area |
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of[:
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[(1)
outside municipalities and the extraterritorial
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jurisdiction of municipalities, as determined under Chapter 42; and
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[(2) in] an affected county, as defined by Section |
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16.341, Water Code, that: |
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(1) has adopted the model rules developed under |
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Section 16.343, Water Code;[,] and |
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(2) is located along an international border. |
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(b) The commissioners court of a county may cancel, after |
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notice and a hearing as required by this section, a subdivision for |
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which the plat was filed and approved before September 1, 1989, if: |
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(1) the development of or the making of improvements |
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in the subdivision was not begun before June 5, 1995 [the effective
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date of this section]; and |
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(2) the commissioners court by resolution has made a |
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finding that the land in question is likely to be developed as a |
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colonia. |
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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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(d) At the hearing, the commissioners court shall permit any |
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interested person to be heard. At the conclusion of the hearing, |
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the court shall adopt an order on whether to cancel the subdivision. |
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The commissioners court may adopt an order canceling a subdivision |
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if the court determines the cancellation is in the best interest of |
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the public. The court may not adopt an order canceling a |
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subdivision if: |
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(1) the cancellation interferes with the established |
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rights of a person who is a nondeveloper owner and owns any part of |
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the subdivision, unless the person agrees to the cancellation; or |
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(2) the owner of the entire subdivision is able to show |
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that: |
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(A) the owner of the subdivision is able to |
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comply with the minimum state standards and model political |
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subdivision rules developed under Section 16.343, Water Code, |
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including any bonding requirements; or |
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(B) the land was developed or improved within the |
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period described by Subsection (b). |
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(e) The commissioners court shall file the cancellation |
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order for recording in the deed records of the county. After the |
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cancellation order is filed and recorded, the property shall be |
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treated as if it had never been subdivided, and the county chief |
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appraiser shall assess the property accordingly. Any liens against |
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the property shall remain against the property as it was previously |
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subdivided. |
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(f) In this section: |
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(1) "Development" means the making, installing, or |
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constructing of buildings and improvements. |
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(2) "Improvements" means water supply, treatment, and |
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distribution facilities; wastewater collection and treatment |
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facilities; and other utility facilities. The term does not |
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include roadway facilities. |
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(3) "Nondeveloper owner" means a person who: |
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(A) owns one or more lots in a subdivision to be |
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occupied as the owner's personal residence; and |
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(B) has not participated and does not participate |
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in the marketing, promotion, or offering of lots for sale or lease |
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as part of a common promotional plan in the ordinary course of |
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business. |
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SECTION 3. 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 4. A 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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September 1, 2017, to determine whether the subdivision is subject |
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to a valid and existing subdivision plat. |
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SECTION 5. This Act takes effect January 1, 2018. |
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* * * * * |