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A BILL TO BE ENTITLED
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AN ACT
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relating to subdivision plat requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.0015(f), Local Government Code, is |
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amended to read as follows: |
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(f) A county may not require the owner of a tract of land |
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located outside the limits of a municipality who divides the tract |
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into two or more parts to have a plat of the subdivision prepared |
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if: |
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(1) all of the lots of the subdivision are [more than] |
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10 or more acres in area; and |
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(2) the owner does not lay out a part of the tract |
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described by Section 232.001(a)(3). |
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SECTION 2. Sections 232.022(b) and (d), Local Government |
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Code, are amended to read as follows: |
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(b) This subchapter applies only to land that is subdivided |
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into two or more lots that are intended primarily for residential |
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use in the jurisdiction of the county. A lot is presumed to be |
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intended for residential use if the lot is less than five acres [or |
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less]. This subchapter does not apply if the subdivision: |
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(1) is incident to the conveyance of the land as a gift |
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between persons related to each other within the third degree by |
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affinity or consanguinity, as determined under Chapter 573, |
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Government Code; or |
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(2) has received an exemption from a county under |
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Section 16.350(d), Water Code. |
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(d) This subchapter does not apply if all of the lots of the |
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subdivision are [more than] 10 acres or more. |
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SECTION 3. Section 232.023(a), Local Government Code, is |
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amended to read as follows: |
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(a) A subdivider of land must have a plat of the subdivision |
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prepared if at least one of the lots of the subdivision is less than |
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five acres [or less]. A commissioners court by order may require |
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each subdivider of land to prepare a plat if none of the lots is less |
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than five acres [or less] but at least one of the lots of a |
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subdivision is [more than] five acres or more but less [not more] |
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than 10 acres. |
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SECTION 4. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0231 to read as follows: |
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Sec. 232.0231. EXCEPTIONS TO PLAT REQUIREMENT. (a) A |
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county may not require the owner of a tract of land located outside |
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the limits of a municipality who divides the tract into two or more |
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parts to have a plat of the subdivision prepared if: |
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(1) the owner does not lay out a part of the tract |
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described by Section 232.001(a)(3); or |
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(2) the lots are sold to adjoining landowners. |
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(b) A county may, in its sole discretion and on a |
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determination that good cause exists, grant an exception to the |
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plat requirements of this subchapter for an individual lot that the |
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county determines: |
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(1) is located within 700 feet of a connection to a |
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municipal water service; |
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(2) is adjacent to a public road; |
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(3) has sufficient space to accommodate a sewer |
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service facility that complies with the model rules adopted under |
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Section 16.343, Water Code; and |
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(4) a civil engineer registered to practice in this |
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state has certified the lot: |
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(A) has adequate drainage; and |
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(B) is not in a floodplain. |
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SECTION 5. Section 232.027, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by |
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Subsection (c), unless [Unless] a person has completed the |
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installation of all water and sewer service facilities and roads |
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and streets required by this subchapter on the date that person |
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applies for final approval of a plat under Section 232.024, the |
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commissioners court shall require the subdivider of the tract to |
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execute and maintain in effect a bond or, in the alternative, a |
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person may make a cash deposit in an amount the commissioners court |
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determines will ensure compliance with this subchapter. A person |
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may not meet the requirements of this subsection through the use of |
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a letter of credit unless that letter of credit is irrevocable and |
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issued by an institution guaranteed by the FDIC. The subdivider |
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must comply with the requirement before subdividing the tract. |
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(b) A [The] bond required by this section must: |
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(1) for a bond for construction of water and sewer |
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service facilities, be conditioned on the construction or |
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installation of [water and sewer service] facilities that will be |
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in compliance with the model rules adopted under Section 16.343, |
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Water Code; or |
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(2) for a bond for construction of roads and streets, |
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meet the requirements of Section 232.004. |
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(c) The commissioners court may, in its sole discretion, |
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allow a person to stop maintaining a bond for construction of sewer |
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service facilities under this section if: |
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(1) the person has completed the installation of all |
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water facilities and roads and streets required by this subchapter; |
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and |
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(2) the person delivers to the commissioners court an |
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affidavit as described by Subsection (d) from each owner of a lot |
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that does not have an installed sewer service facility. |
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(d) The affidavit under Subsection (c)(2) must include |
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language substantially similar to the following: |
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"I understand that I may not be eligible to receive |
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water or electricity service unless I install a septic facility on |
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my lot. I voluntarily assume all financial responsibility to hire a |
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licensed installer to install an on-site sewage facility that |
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complies with Subchapter B, Chapter 232, Local Government Code, |
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regarding subdivision platting requirements; with the model rules |
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adopted under Section 16.343(c), Water Code, regarding septic |
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systems; with Chapter 366, Health and Safety Code; and with the |
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Construction Standards for On-Site Sewage Facilities adopted by the |
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Texas Commission on Environmental Quality and other law and rules |
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applicable to sewage facilities." |
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SECTION 6. Section 232.0315(b), Local Government Code, is |
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amended to read as follows: |
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(b) A county shall include in the public notice of sale of |
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the property and the deed conveying the property a statement |
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substantially similar to the following: |
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"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
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JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND |
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INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. |
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"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
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WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE |
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SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT |
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THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR |
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FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS. |
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"IN SOME SITUATIONS, A LOT OF LESS THAN FIVE ACRES [OR LESS] |
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IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE |
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PROPERTY LACKS WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT |
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QUALIFY FOR RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE |
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INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH |
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PRIVATE COUNSEL." |
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SECTION 7. Section 232.033, Local Government Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) A person who holds a real estate broker's or sales |
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agent's license under Chapter 1101, Occupations Code, acting in the |
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person's capacity as a real estate broker or sales agent is not an |
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agent of a seller or subdivider for purposes of this section. |
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SECTION 8. Section 232.035, Local Government Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A person who holds a real estate broker's or sales |
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agent's license under Chapter 1101, Occupations Code, acting in the |
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person's capacity as a real estate broker or sales agent is not an |
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agent of a seller or subdivider for purposes of this section. |
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SECTION 9. Section 232.072(a), Local Government Code, is |
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amended to read as follows: |
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(a) The owner of a tract of land that divides the tract in |
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any manner that creates at least one lot of less than five acres [or |
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less] intended for residential purposes must have a plat of the |
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subdivision prepared. A commissioners court by order may require |
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each subdivider of land to prepare a plat if none of the lots is less |
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than five acres [or less] but at least one of the lots of the |
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subdivision is [more than] five acres or more but less [not more] |
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than 10 acres. |
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SECTION 10. Section 232.080, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A court having jurisdiction of an enforcement action |
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under this section shall dismiss the action if the defendant: |
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(1) remedies the violation that is the subject of the |
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enforcement action not later than the 45th day after the date the |
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defendant receives notice of the action; and |
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(2) shows good cause for the dismissal. |
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SECTION 11. Section 16.350(d), Water Code, is amended to |
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read as follows: |
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(d) A county or municipality that receives funds or |
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financial assistance under Section 15.407 of this code or |
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Subchapter K, Chapter 17, of this code may grant an exemption for a |
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subdivision from the requirements of the model rules only if: |
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(1) the county or municipality supplies the |
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subdivision with water supply and sewer services that meet the |
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standards of the model rules; or |
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(2) the subdivision involves four or fewer lots that: |
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(A) front an existing street that meets the |
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standards adopted by the county or municipality and does not |
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require the creation of any new street; and |
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(B) have access to an existing water supply and |
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sewer service that meets the standards of the model rules and does |
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not require the extension of water or sewer facilities. |
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SECTION 12. This Act takes effect September 1, 2023. |