81R23514 NC-F
By: Guillen H.B. No. 3929
Substitute the following for H.B. No. 3929:
By: Raymond C.S.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. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.045 to read as follows:
Sec. 232.045. COUNTY DEVELOPMENT PERMIT REQUIRED. (a) In
this section:
(1) "Development or develop" means new construction or
substantial improvement of any structure.
(2) "Structure" means a walled and roofed building
that is principally above ground. The term includes manufactured
homes, transportable structures, and recreational vehicles.
(3) "Substantial improvement" means:
(A) the reconstruction, rehabilitation,
restoration, addition, remodeling, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value
of the structure before the start of construction of the
improvement; or
(B) a change in occupancy of a building that
results in a change in the purpose or use of a structure from a
nonresidential use to a residential use.
(b) This section applies to a tract of land that is 10 acres
or less and that is located in the unincorporated area of a county
described by Section 232.022(a).
(c) A person may not construct or make a substantial
improvement to a structure unless the person obtains a county
development permit issued in accordance with this section and the
applicable rules, regulations, or orders of the county in which the
development is located. The commissioners court may adopt orders
as necessary for the administration of this section.
(d) By order adopted and entered in the minutes of the
commissioners court, the court may designate an official,
department head, or county employee to perform the necessary duties
and functions to administer a county order under this section. If a
designation is made under this subsection, the commissioners court
shall establish an appeal procedure and sit as the appeal body for
any appeal or grievance of an applicant for a development permit in
regard to an action or decision of the court's designee.
(e) The commissioners court or the court's designee shall
issue a development permit to a person submitting an application
for the permit who:
(1) has met the infrastructure and certification
requirements for the land subject to the permit application;
(2) has met the applicable platting requirements
under:
(A) Subchapter A, if the tract of land is more
than five acres; or
(B) this subchapter, if the tract of land is five
acres or less;
(3) has complied, or will comply through development,
with the minimum requirements of the National Flood Insurance Act
of 1968 (42 U.S.C. Sections 4001-4127) and local regulations and
orders of the county adopted under Section 16.315, Water Code;
(4) has connected, or will connect through
development, to water and sewer service facilities in compliance
with applicable state law and rules or any order or regulation
established by the county, including any rule adopted under Section
16.343 or 17.934, Water Code;
(5) has connected, or will connect through
development, electricity and gas, if available, with connections
that meet, or will meet, the minimum state standards;
(6) has complied, or will comply through development,
with all plat restrictions, limitations, and conditions
established by a recorded plat approved by the commissioners court;
(7) has complied, or will comply through development,
with all building set-back requirements established by a recorded
plat approved by the commissioners court or by county order under
Section 233.032 or other law;
(8) has submitted applicable fees, required
documentation, or other information established by the county for
the issuance of a development permit under this section; and
(9) if the tract of land is more than five acres, has
only a single residence on the tract or will have only a single
residence on the tract after the construction allowed by the
building permit is complete.
(f) By order adopted and entered in the minutes of the
commissioners court, the court may charge a reasonable fee to cover
the costs of administering the issuance of development permits
under this section. Fees collected under this subsection may be
used only to defray those costs.
(g) The commissioners court or the court's designee shall
issue a written list of the documentation and other information
that must be submitted as part of the development permit
application. The documentation or other information must relate to
a requirement authorized under this section or other applicable
law. If a person submits an application that does not include all
of the documentation or other information required by this
subsection, the commissioners court or the court's designee shall
notify the applicant, not later than the 15th business day after the
date of receipt by the commissioners court or the court's designee,
of the missing documentation or other information. The county's
orders adopted under this section must allow for a timely
submission of the missing documentation or other information.
(h) A development permit application is considered to be
complete when all documentation or other information required by
Subsection (g) is received. Acceptance by the commissioners court
or the court's designee of a completed application may not be
construed as approval of the application.
(i) The commissioners court or the court's designee shall
take final action on the approval or disapproval of an application
for a development permit not later than the 30th day after the date
a completed application is received by the commissioners court or
the court's designee. If the application is disapproved, the
commissioners court or the court's designee shall provide to the
applicant a complete list of the reasons for the disapproval.
(j) The county's authority granted under this section is
cumulative of and in addition to the authority granted under this
chapter and under other law pertaining to county regulation of the
subdivision or development of land.
(k) The county may conduct inspections to ensure compliance
with a permit issued under this section.
SECTION 2. 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.