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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of municipalities to replat a subdivision |
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without vacating the preceding plat. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.0146, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.0146. REPLATTING WITHOUT VACATING PRECEDING |
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PLAT[: CERTAIN MUNICIPALITIES]. (a) [This section applies only to
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a replat of a subdivision or a part of a subdivision located in a
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municipality or the extraterritorial jurisdiction of a
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municipality with a population of 1.3 million or more.
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[(b)] A replat of a subdivision or part of a subdivision may |
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be recorded and is controlling over the preceding plat without |
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vacation of that plat if: |
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(1) the replat is signed and acknowledged by each |
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owner and only the owners of the property being replatted; |
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(2) the municipal authority responsible for approving |
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plats holds a public hearing on the matter at which parties in |
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interest and citizens have an opportunity to be heard; |
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(3) the replat does not amend, remove, or violate, or |
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have the effect of amending, removing, or violating, any covenants |
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or restrictions that are contained or referenced in a dedicatory |
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instrument recorded in the real property records separately from |
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the preceding plat or replat; |
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(4) the replat does not attempt to amend, remove, or |
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violate, or have the effect of amending, removing, or violating, |
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any existing public utility easements without the consent of the |
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affected utility companies; and |
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(5) the municipal authority responsible for approving |
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plats approves the replat after determining that the replat |
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complies with this subchapter and rules adopted under Section |
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212.002 and this section in effect at the time the application for |
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the replat is filed. |
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(b) [(c)] The governing body of a municipality may adopt |
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rules governing replats, including rules that establish criteria |
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under which covenants, restrictions, or plat notations that are |
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contained only in the preceding plat or replat without reference in |
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any dedicatory instrument recorded in the real property records |
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separately from the preceding plat or replat may be amended or |
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removed. |
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SECTION 2. This Act takes effect September 1, 2017. |