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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements to replat certain municipal |
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subdivision plats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.014, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. |
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A replat of a subdivision or part of a subdivision may be recorded |
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and is controlling over the preceding plat without vacation of that |
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plat if the replat: |
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(1) is signed and acknowledged by only the owners of |
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the property being replatted; |
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(2) is approved[, after a public hearing on the matter
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at which parties in interest and citizens have an opportunity to be
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heard,] by the municipal authority responsible for approving plats; |
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and |
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(3) does not attempt to amend or remove any covenants |
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or restrictions. |
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SECTION 2. Section 212.015, Local Government Code, is |
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amended by adding Subsections (a-1), (f), and (g) and amending |
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Subsection (b) to read as follows: |
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(a-1) If a proposed replat described by Subsection (a) |
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requires a variance or exception, a public hearing must be held by |
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the municipal planning commission or the governing body of the |
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municipality. |
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(b) Notice of the hearing required under Subsection (a-1) |
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[Section 212.014] shall be given before the 15th day before the date |
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of the hearing by: |
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(1) publication in an official newspaper or a |
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newspaper of general circulation in the county in which the |
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municipality is located; and |
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(2) by written notice, with a copy of Subsection (c) |
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attached, forwarded by the municipal authority responsible for |
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approving plats to the owners of lots that are in the original |
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subdivision and that are within 200 feet of the lots to be |
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replatted, as indicated on the most recently approved municipal tax |
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roll or in the case of a subdivision within the extraterritorial |
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jurisdiction, the most recently approved county tax roll of the |
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property upon which the replat is requested. The written notice may |
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be delivered by depositing the notice, properly addressed with |
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postage prepaid, in a post office or postal depository within the |
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boundaries of the municipality. |
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(f) If a proposed replat described by Subsection (a) does |
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not require a variance or exception, the municipality shall, not |
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later than the 15th day after the date the replat is approved, |
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provide written notice by mail of the approval of the replat to each |
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owner of a lot in the original subdivision that is within 200 feet |
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of the lots to be replatted according to the most recent |
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municipality or county tax roll. This subsection does not apply to |
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a proposed replat if the municipal planning commission or the |
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governing body of the municipality holds a public hearing and gives |
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notice of the hearing in the manner provided by Subsection (b). |
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(g) The notice of a replat approval required by Subsection |
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(f) must include: |
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(1) the zoning designation of the property after the |
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replat; and |
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(2) a telephone number and e-mail address an owner of a |
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lot may use to contact the municipality about the replat. |
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SECTION 3. This Act takes effect September 1, 2019. |