Texas 2009 - 81st Regular

Texas Senate Bill SB1873 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12077 PAM-D
2	2	By: Zaffirini S.B. No. 1873
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to subdivision platting requirements in counties near an
8	8	international border.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 232.021(5) and (9), Local Government
11	11	Code, are amended to read as follows:
12	12	(5) "Lease" means a final executed contract [includes
13	13	an offer] to lease real property.
14	14	(9) "Sell" means to convey title to real property
15	15	[includes an offer to sell].
16	16	SECTION 2. Section 232.022(b), Local Government Code, is
17	17	amended to read as follows:
18	18	(b) This subchapter applies only to land that is subdivided
19	19	into two or more lots that are intended primarily for residential
20	20	use in the jurisdiction of the county. A lot is presumed to be
21	21	intended for residential use if the lot is less than five acres [or
22	22	less]. This subchapter does not apply if the subdivision is
23	23	incident to the conveyance of the land as a gift between persons
24	24	related to each other within the third degree by affinity or
25	25	consanguinity, as determined under Chapter 573, Government Code.
26	26	SECTION 3. Section 232.025, Local Government Code, is
27	27	amended to read as follows:
28	28	Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order
29	29	adopted and entered in the minutes of the commissioners court, and
30	30	after a notice is published in English and Spanish in a newspaper of
31	31	general circulation in the county, the commissioners court shall
32	32	for each subdivision:
33	33	(1) require a right-of-way on a street or road that
34	34	functions as a main artery in a subdivision, of a width of not less
35	35	than 50 feet or more than 100 feet;
36	36	(2) require a right-of-way on any other street or road
37	37	in a subdivision of not less than 40 feet or more than 70 feet;
38	38	(3) require that the shoulder-to-shoulder width on
39	39	collectors or main arteries within the right-of-way be not less
40	40	than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
41	41	width on any other street or road be not less than 18 [25] feet or
42	42	more than 35 feet;
43	43	(4) adopt, based on the amount and kind of travel over
44	44	each street or road in a subdivision, reasonable specifications
45	45	relating to the construction of each street or road;
46	46	(5) adopt reasonable specifications to provide
47	47	adequate drainage for each street or road in a subdivision in
48	48	accordance with standard engineering practices;
49	49	(6) require that each purchase contract made between a
50	50	subdivider and a purchaser of land in the subdivision contain a
51	51	statement describing how and when water, sewer, electricity, and
52	52	gas services will be made available to the subdivision; and
53	53	(7) require that the subdivider of the tract execute a
54	54	bond in the manner provided by Section 232.027.
55	55	SECTION 4. Subchapter B, Chapter 232, Local Government
56	56	Code, is amended by adding Section 232.0251 to read as follows:
57	57	Sec. 232.0251. STANDARD FOR ROADS IN SUBDIVISION. A county
58	58	may not impose under Section 232.025 a higher standard for streets
59	59	or roads in a subdivision than the county imposes on itself for the
60	60	construction of streets or roads with a similar type and amount of
61	61	traffic.
62	62	SECTION 5. Section 232.027, Local Government Code, is
63	63	amended by amending Subsection (a) and adding Subsection (c) to
64	64	read as follows:
65	65	(a) Unless a person has completed the installation of all
66	66	water and sewer service facilities required by this subchapter on
67	67	the date that person applies for final approval of a plat under
68	68	Section 232.024 or the person has complied with Sections
69	69	232.023(b)(12)(A) and (B), Section 232.023(c), and Sections
70	70	232.032(1) and (2), the commissioners court shall require the
71	71	subdivider of the tract to execute and maintain in effect a bond or,
72	72	in the alternative, a person may make a cash deposit in an amount
73	73	the commissioners court determines will ensure compliance with this
74	74	subchapter. A person may not meet the requirements of this
75	75	subsection through the use of a letter of credit unless that letter
76	76	of credit is irrevocable and issued by an institution guaranteed by
77	77	the Federal Deposit Insurance Corporation [FDIC]. The subdivider
78	78	must comply with the requirement before subdividing the tract.
79	79	(c) A bond under this section may not be required from a
80	80	person who has complied with the certification procedures under
81	81	Sections 232.023(b)(12)(A) and (B), Section 232.023(c), and
82	82	Sections 232.032(1) and (2) in regard to the water and sewer service
83	83	facilities required by this subchapter.
84	84	SECTION 6. Section 232.031(a), Local Government Code, is
85	85	amended to read as follows:
86	86	(a) Except as provided by Subsection (d), a subdivider may
87	87	market, promote, and advertise the sale [not sell] or lease of land
88	88	in a subdivision first platted or replatted after July 1, 1995,
89	89	before [unless] the subdivision plat is approved by the
90	90	commissioners court in accordance with Section 232.024.
91	91	SECTION 7. Section 232.035, Local Government Code, is
92	92	amended by adding Subsection (d-1) to read as follows:
93	93	(d-1) A person who violates Subsection (a) is not subject to
94	94	a fine under Subsection (c) or (d) if the person meets the platting
95	95	requirements of this subchapter not later than the 30th day after
96	96	the date the person receives notice that the requirements have not
97	97	been met.
98	98	SECTION 8. Section 232.036(b), Local Government Code, is
99	99	amended to read as follows:
100	100	(b) A subdivider who owns a subdivision commits an offense
101	101	if the subdivider knowingly fails to timely provide for the
102	102	certification, construction, or installation of water or sewer
103	103	service as required by Section 232.032 or fails to make a reasonable
104	104	effort to have electric utility service and gas utility service
105	105	installed by a utility as required by Section 232.032. An offense
106	106	under this subsection is a Class A misdemeanor.
107	107	SECTION 9. Subchapter B, Chapter 232, Local Government
108	108	Code, is amended by adding Section 232.045 to read as follows:
109	109	Sec. 232.045. BUILDING PERMIT. (a) The county shall issue
110	110	a residential building permit to a person submitting an application
111	111	for the permit who has:
112	112	(1) met the applicable requirements under this
113	113	subchapter; and
114	114	(2) otherwise complied with the applicable law and
115	115	rules relating to the issuance of the building permit.
116	116	(b) The county shall also issue a residential building
117	117	permit to an applicant who:
118	118	(1) owns a tract of at least 5 but not more than 10
119	119	acres of land that has access to public roads and to the appropriate
120	120	services as required by the county for building permits, that has
121	121	not had a county-approved plat filed with the county clerk, and that
122	122	is used for agricultural purposes; and
123	123	(2) has otherwise complied with the applicable law and
124	124	rules relating to the issuance of the building permit.
125	125	(c) The county may charge a reasonable fee to cover the cost
126	126	of administering the issuance of residential building permits under
127	127	this subchapter.
128	128	SECTION 10. This Act takes effect immediately if it
129	129	receives a vote of two-thirds of all the members elected to each
130	130	house, as provided by Section 39, Article III, Texas Constitution.
131	131	If this Act does not receive the vote necessary for immediate
132	132	effect, this Act takes effect September 1, 2009.