By: Guillen H.B. No. 3929
A BILL TO BE ENTITLED
AN ACT
relating to subdivision platting requirements in counties near an
international border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.022(b), Local Government Code, is
amended to read as follows:
(b) This subchapter applies only to land that is subdivided
into two or more lots that are intended primarily for residential
use in the jurisdiction of the county. A lot is presumed to be
intended for residential use if the lot is less than five acres [or
less]. This subchapter does not apply if the subdivision is
incident to the conveyance of the land as a gift between persons
related to each other within the third degree by affinity or
consanguinity, as determined under Chapter 573, Government Code.
SECTION 2. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.045 to read as follows:
Sec. 232.045. BUILDING PERMIT. (a) The county shall issue
a residential building permit to a person submitting an application
for the permit who has:
(1) met the applicable requirements under this
subchapter; and
(2) otherwise complied with the applicable law and
rules relating to the issuance of the building permit; and
(3) has a single residence on the tract or will have a
single residence on the tract after the construction allowed by the
building permit is complete.
(b) The county shall also issue a residential building
permit to an applicant who:
(1) owns a tract of at least 5 but not more than 10
acres of land that has access to public roads and to the appropriate
services as required by the county for building permits, that has
not had a county-approved plat filed with the county clerk, and that
is used for agricultural purposes; and
(2) has otherwise complied with the applicable law and
rules relating to the issuance of the building permit; and
(3) has a single residence on the tract or will have a
single residence on the tract after the construction allowed by the
building permit is complete.
(c) The county may charge a reasonable fee to cover the cost
of administering the issuance of residential building permits under
this subchapter.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.