| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the modification of model subdivision rules. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 232.022, Local Government Code is |
|
|
amended by adding Subsection (e) to read as follows: |
|
|
(e) This subchapter does not apply if all lots of the |
|
|
subdivision are no less than .50 acres and the county makes a |
|
|
determination that: |
|
|
(1) There is access to municipal water within 700 feet |
|
|
of the property line; |
|
|
(2) The property abuts a road and there are no |
|
|
landlocked partitions; |
|
|
(3) There is adequate space on the partitioned |
|
|
property to accommodate a septic tank or access to a sewer system; |
|
|
and |
|
|
(4) A civil engineer has certified that the property |
|
|
is not in a flood plain and adequate drainage exists for the |
|
|
partitioned lots. |
|
|
SECTION 2. Section 232.027, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by |
|
|
Subsection (c), unless [Unless] a person has completed the |
|
|
installation of all water and sewer service facilities required by |
|
|
this subchapter on the date that person applies for final approval |
|
|
of a plat under Section 232.024, the commissioners court shall |
|
|
require the subdivider of the tract to execute and maintain in |
|
|
effect a bond or, in the alternative, a person may make a cash |
|
|
deposit in an amount the commissioners court determines will ensure |
|
|
compliance with this subchapter. A person may not meet the |
|
|
requirements of this subsection through the use of a letter of |
|
|
credit unless that letter of credit is irrevocable and issued by an |
|
|
institution guaranteed by the FDIC. The subdivider must comply with |
|
|
the requirement before subdividing the tract. |
|
|
(b) The bond must be conditioned on the construction or |
|
|
installation of water and sewer service facilities that will be in |
|
|
compliance with the model rules adopted under Section 16.343, Water |
|
|
Code. |
|
|
(c) Subsections (a) and (b) do not apply if a purchase |
|
|
contract includes a written agreement that the purchaser assumes |
|
|
the responsibility of sewer facilities under this subchapter. Such |
|
|
agreement shall include a statement substantially similar to the |
|
|
following: |
|
|
"Buyer shall assume all financial responsibility to ensure |
|
|
sewer facility compliance under Subchapter B, Chapter 232, Local |
|
|
Government Code regarding subdivision platting requirements and |
|
|
with the model rules adopted under Section 16.343, Water Code." |
|
|
SECTION 3. Section 232.033, Local Government Code, is |
|
|
amended by amending Subsection (h) to read as follows: |
|
|
(h) A person who is a seller of lots in a subdivision, or a |
|
|
subdivider [or an agent of a seller or subdivider], commits an |
|
|
offense if the person knowingly authorizes or assists in the |
|
|
publication, advertising, distribution, or circulation of any |
|
|
statement or representation that the person knows is false |
|
|
concerning any subdivided land offered for sale or lease. An |
|
|
offense under this section is a Class A misdemeanor. |
|
|
SECTION 4. Section 232.035 (a),(b) and (c), Local |
|
|
Government Code is amended to read as follows: |
|
|
Sec. 232.035. CIVIL PENALTIES. (a) A subdivider [or an |
|
|
agent of a subdivider] may not cause, suffer, allow, or permit a lot |
|
|
to be sold in a subdivision if the subdivision has not been platted |
|
|
as required by this subchapter. |
|
|
(b) Notwithstanding any other remedy at law or equity, a |
|
|
subdivider [or an agent of a subdivider] may not cause, suffer, |
|
|
allow, or permit any part of a subdivision over which the subdivider |
|
|
or an agent of the subdivider has control, or a right of ingress and |
|
|
egress, to become a public health nuisance as defined by Section |
|
|
341.011, Health and Safety Code. |
|
|
(c) A subdivider who fails to provide, in the time and |
|
|
manner described in the plat, for the construction or installation |
|
|
of water or sewer service facilities described on the plat or on the |
|
|
document attached to the plat or who otherwise violates this |
|
|
subchapter or a rule or requirement adopted by the commissioners |
|
|
court under this subchapter is subject to a civil penalty of not |
|
|
less than $250 [500] or more than $500 [1,000] for each violation |
|
|
and for each day of a continuing violation but not to exceed $2500 |
|
|
[5,000] each day and shall also pay court costs, investigative |
|
|
costs, and attorney's fees for the governmental entity bringing the |
|
|
suit. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |