Texas 2009 - 81st Regular

Texas House Bill HB3929 Compare Versions

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1	1	81R23514 NC-F
2	2	By: Guillen H.B. No. 3929
3	3	Substitute the following for H.B. No. 3929:
4	4	By: Raymond C.S.H.B. No. 3929
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to subdivision platting requirements in counties near an
10	10	international border.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 232, Local Government
13	13	Code, is amended by adding Section 232.045 to read as follows:
14	14	Sec. 232.045. COUNTY DEVELOPMENT PERMIT REQUIRED. (a) In
15	15	this section:
16	16	(1) "Development or develop" means new construction or
17	17	substantial improvement of any structure.
18	18	(2) "Structure" means a walled and roofed building
19	19	that is principally above ground. The term includes manufactured
20	20	homes, transportable structures, and recreational vehicles.
21	21	(3) "Substantial improvement" means:
22	22	(A) the reconstruction, rehabilitation,
23	23	restoration, addition, remodeling, or improvement of a structure,
24	24	the cost of which equals or exceeds 50 percent of the market value
25	25	of the structure before the start of construction of the
26	26	improvement; or
27	27	(B) a change in occupancy of a building that
28	28	results in a change in the purpose or use of a structure from a
29	29	nonresidential use to a residential use.
30	30	(b) This section applies to a tract of land that is 10 acres
31	31	or less and that is located in the unincorporated area of a county
32	32	described by Section 232.022(a).
33	33	(c) A person may not construct or make a substantial
34	34	improvement to a structure unless the person obtains a county
35	35	development permit issued in accordance with this section and the
36	36	applicable rules, regulations, or orders of the county in which the
37	37	development is located. The commissioners court may adopt orders
38	38	as necessary for the administration of this section.
39	39	(d) By order adopted and entered in the minutes of the
40	40	commissioners court, the court may designate an official,
41	41	department head, or county employee to perform the necessary duties
42	42	and functions to administer a county order under this section. If a
43	43	designation is made under this subsection, the commissioners court
44	44	shall establish an appeal procedure and sit as the appeal body for
45	45	any appeal or grievance of an applicant for a development permit in
46	46	regard to an action or decision of the court's designee.
47	47	(e) The commissioners court or the court's designee shall
48	48	issue a development permit to a person submitting an application
49	49	for the permit who:
50	50	(1) has met the infrastructure and certification
51	51	requirements for the land subject to the permit application;
52	52	(2) has met the applicable platting requirements
53	53	under:
54	54	(A) Subchapter A, if the tract of land is more
55	55	than five acres; or
56	56	(B) this subchapter, if the tract of land is five
57	57	acres or less;
58	58	(3) has complied, or will comply through development,
59	59	with the minimum requirements of the National Flood Insurance Act
60	60	of 1968 (42 U.S.C. Sections 4001-4127) and local regulations and
61	61	orders of the county adopted under Section 16.315, Water Code;
62	62	(4) has connected, or will connect through
63	63	development, to water and sewer service facilities in compliance
64	64	with applicable state law and rules or any order or regulation
65	65	established by the county, including any rule adopted under Section
66	66	16.343 or 17.934, Water Code;
67	67	(5) has connected, or will connect through
68	68	development, electricity and gas, if available, with connections
69	69	that meet, or will meet, the minimum state standards;
70	70	(6) has complied, or will comply through development,
71	71	with all plat restrictions, limitations, and conditions
72	72	established by a recorded plat approved by the commissioners court;
73	73	(7) has complied, or will comply through development,
74	74	with all building set-back requirements established by a recorded
75	75	plat approved by the commissioners court or by county order under
76	76	Section 233.032 or other law;
77	77	(8) has submitted applicable fees, required
78	78	documentation, or other information established by the county for
79	79	the issuance of a development permit under this section; and
80	80	(9) if the tract of land is more than five acres, has
81	81	only a single residence on the tract or will have only a single
82	82	residence on the tract after the construction allowed by the
83	83	building permit is complete.
84	84	(f) By order adopted and entered in the minutes of the
85	85	commissioners court, the court may charge a reasonable fee to cover
86	86	the costs of administering the issuance of development permits
87	87	under this section. Fees collected under this subsection may be
88	88	used only to defray those costs.
89	89	(g) The commissioners court or the court's designee shall
90	90	issue a written list of the documentation and other information
91	91	that must be submitted as part of the development permit
92	92	application. The documentation or other information must relate to
93	93	a requirement authorized under this section or other applicable
94	94	law. If a person submits an application that does not include all
95	95	of the documentation or other information required by this
96	96	subsection, the commissioners court or the court's designee shall
97	97	notify the applicant, not later than the 15th business day after the
98	98	date of receipt by the commissioners court or the court's designee,
99	99	of the missing documentation or other information. The county's
100	100	orders adopted under this section must allow for a timely
101	101	submission of the missing documentation or other information.
102	102	(h) A development permit application is considered to be
103	103	complete when all documentation or other information required by
104	104	Subsection (g) is received. Acceptance by the commissioners court
105	105	or the court's designee of a completed application may not be
106	106	construed as approval of the application.
107	107	(i) The commissioners court or the court's designee shall
108	108	take final action on the approval or disapproval of an application
109	109	for a development permit not later than the 30th day after the date
110	110	a completed application is received by the commissioners court or
111	111	the court's designee. If the application is disapproved, the
112	112	commissioners court or the court's designee shall provide to the
113	113	applicant a complete list of the reasons for the disapproval.
114	114	(j) The county's authority granted under this section is
115	115	cumulative of and in addition to the authority granted under this
116	116	chapter and under other law pertaining to county regulation of the
117	117	subdivision or development of land.
118	118	(k) The county may conduct inspections to ensure compliance
119	119	with a permit issued under this section.
120	120	SECTION 2. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2009.