BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1708

89R23836 SCL-F

By: Hinojosa, Adam

 

Local Government

 

4/17/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas law provides exemptions to platting requirements for inter-family land divisions, allowing family members to share land without being classified as developers. However, border counties have applied certain model subdivision rules in the Water Code, which were originally created to prevent colonias, inappropriately labeling certain inter-family land divisions as "commercial development."

 

This has led to unnecessary and excessive permitting, infrastructure requirements, and fees that should not be required for a residential land split between family members.

 

S.B. 1708 would clarify that the model subdivision rules in Section 16.343 of the Water Code do not supersede an exception to platting requirements that may apply within the extraterritorial jurisdiction of a municipality.

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 1708 amends current law relating to exceptions to county platting requirements.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0014, as follows:

 

Sec. 232.0014. CHAPTER-WIDE PROVISION ON EFFECT OF MODEL SUBDIVISION RULES. Provides that the model subdivision rules adopted under Section 16.343 (Minimum State Standards and Model Political Subdivision Rules), Water Code, do not supersede an exception to platting requirements under Chapter 232 (County Regulation of Subdivisions) or the applicability provision under Section 232.022(b-1).

 

SECTION 2. Amends Section 232.022, Local Government Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b) Makes a nonsubstantive change to this subsection.

 

(b-1) Creates this subsection from existing text. Provides that Subchapter B (Subdivision Platting Requirements in County Near International Border) applies to a subsequent conveyance of any lot that is not a conveyance to a related person described by this subsection.

 

SECTION 3. Effective date: upon passage or September 1, 2025.