81R34740 PAM-D
By: Zaffirini S.B. No. 2253
Substitute the following for S.B. No. 2253:
By: Guillen C.S.S.B. No. 2253
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities and counties to
regulate platting requirements near an international border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.012, Local Government Code, is
amended by amending Subsections (a), (c), (d), (e), and (f) and
adding Subsections (j) and (k) to read as follows:
(a) Except as provided by Subsection (c), (d), or (j), an
entity described by Subsection (b) may not serve or connect any land
with water, sewer, electricity, gas, or other utility service
unless the entity has been presented with or otherwise holds a
certificate applicable to the land issued under Section 212.0115.
(c) An entity described by Subsection (b) may serve or
connect land with water, sewer, electricity, gas, or other utility
service regardless of whether the entity is presented with or
otherwise holds a certificate applicable to the land issued under
Section 212.0115 if:
(1) the land is covered by a development plat approved
under Subchapter B or under an ordinance or rule relating to the
development plat;
(2) the land was first served or connected with
service by an entity described by Subsection (b)(1), (b)(2), or
(b)(3) before September 1, 1987; or
(3) the land was first served or connected with
service by an entity described by Subsection (b)(4), (b)(5), or
(b)(6) before September 1, 1989[; or
[(4) the municipal authority responsible for
approving plats issues a certificate stating that:
[(A) the land:
[(i) was sold or conveyed to the person
requesting service by any means of conveyance, including a contract
for deed or executory contract, before:
[(a) September 1, 1995, in a county
defined under Section 232.022(a)(1); or
[(b) September 1, 2005, in a county
defined under Section 232.022(a)(2);
[(ii) is located in a subdivision in which
the entity has previously provided service;
[(iii) is located outside the limits of the
municipality;
[(iv) is located in a county to which
Subchapter B, Chapter 232, applies; and
[(v) is the site of construction of a
residence, evidenced by at least the existence of a completed
foundation, that was begun on or before:
[(a) May 1, 1997, in a county defined
under Section 232.022(a)(1); or
[(b) September 1, 2005, in a county
defined under Section 232.022(a)(2); or
[(B) the land was not subdivided after September
1, 1995, in a county defined under Section 232.022(a)(1), or
September 1, 2005, in a county defined under Section 232.022(a)(2),
and:
[(i) water service is available within 750
feet of the subdivided land; or
[(ii) water service is available more than
750 feet from the subdivided land and the extension of water service
to the land may be feasible, subject to a final determination by the
water service provider].
(d) In a county to which Subchapter B, Chapter 232, applies,
an entity described by Subsection (b) may serve or connect land with
water, sewer, electricity, gas, or other utility service that is
located in the extraterritorial jurisdiction of a municipality
regardless of whether the entity is presented with or otherwise
holds a certificate applicable to the land issued under Section
212.0115, if the municipal authority responsible for approving
plats issues a certificate stating that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider by any
means of conveyance, including a contract for deed or executory
contract, before:
(i) September 1, 1995, in a county defined
under Section 232.022(a)(1);
(ii) September 1, 1999, in a county defined
under Section 232.022(a)(1) if, on August 31, 1999, the subdivided
land was located in the extraterritorial jurisdiction of a
municipality as determined by Chapter 42; or
(iii) September 1, 2005, in a county
defined under Section 232.022(a)(2);
(B) has not been subdivided after September 1,
1995, September 1, 1999, or September 1, 2005, as applicable under
Paragraph (A);
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun on or before:
(i) May 1, 2003, in a county defined under
Section 232.022(a)(1); or
(ii) September 1, 2005, in a county defined
under Section 232.022(a)(2); and
(D) has had adequate sewer services installed to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code;
(2) the subdivided land is a lot of record as defined
by Section 232.021(6-a) that is located in a county defined by
Section 232.022(a)(1) and has adequate sewer services installed
that are fully operable to service the lot or dwelling, as
determined by an authorized agent responsible for the licensing or
permitting of on-site sewage facilities under Chapter 366, Health
and Safety Code; or
(3) the land was not subdivided after September 1,
1995, in a county defined under Section 232.022(a)(1), or September
1, 2005, in a county defined under Section 232.022(a)(2), and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(e) An entity described by Subsection (b) may provide
utility service to land described by Subsection (d)(1), (2), or (3)
[(c)(4)(A)] only if the person requesting service:
(1) is not the land's subdivider or the subdivider's
agent; and
(2) provides to the entity a certificate described by
Subsection (d) [(c)(4)(A)].
(f) [(e)] A person requesting service may obtain a
certificate under Subsection (d)(1), (2), or (3) [(c)(4)(A)] only
if the person is the owner or purchaser of the subdivided land and
provides to the municipal authority responsible for approving plats
documentation containing [either]:
(1) a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider [to the person requesting service] before September 1,
1995, before September 1, 1999, or before September 1, 2005, as
applicable under Subsection (d)[, and a notarized affidavit by that
person that states that construction of a residence on the land,
evidenced by at least the existence of a completed foundation, was
begun on or before May 1, 1997, or on or before September 1, 2005, as
applicable]; [or]
(2) for a certificate issued under Subsection (d)(1),
a notarized affidavit by the person requesting service that states
that [the property was sold or conveyed to that person before
September 1, 1995, or before September 1, 2005, as applicable, and
that] construction of a residence on the land, evidenced by at least
the existence of a completed foundation, was begun on or before May
1, 2003, in a county defined by Section 232.022(a)(1) or September
1, 2005, in a county defined by Section 232.022(a)(2), and the
request for utility connection or service is to connect or serve a
residence described by Subsection (d)(1)(C);
(3) a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after September 1, 1995, September 1, 1999, or September
1, 2005, as applicable under Subsection (d); and
(4) evidence that adequate sewer service or facilities
have been installed and are fully operable to service the lot or
dwelling from an entity described by Subsection (b) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety Code
[May 1, 1997, or on or before September 1, 2005, as applicable.
[(f) A person requesting service may obtain a certificate
under Subsection (c)(4)(B) only if the person provides to the
municipal authority responsible for approving plats an affidavit
that states that the property was not sold or conveyed to that
person from a subdivider or the subdivider's agent after September
1, 1995, or after September 1, 2005, as applicable].
(j) Except as provided by Subsection (k), this section does
not prohibit a water or sewer utility from providing in a county
defined by Section 232.022(a)(1) water or sewer utility connection
or service to a residential dwelling that:
(1) is provided water or wastewater facilities under
or in conjunction with a federal or state funding program designed
to address inadequate water or wastewater facilities in colonias or
to residential lots located in a county described by Section
232.022(a)(1);
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
(4) is located in a project for which the municipality
with jurisdiction over the project or the approval of plats within
the project area has approved the improvement project by order,
resolution, or interlocal agreement under Chapter 791, Government
Code.
(k) A utility may not serve any subdivided land with water
utility connection or service under Subsection (j) unless the
entity receives a determination that adequate sewer services have
been installed to service the lot or dwelling from the municipal
authority responsible for approving plats, an entity described by
Subsection (b), or the authorized agent responsible for the
licensing or permitting of on-site sewage facilities under Chapter
366, Health and Safety Code.
SECTION 2. Section 232.021, Local Government Code, is
amended by adding Subdivision (6-a) and amending Subdivision (12)
to read as follows:
(6-a) "Lot of record" means:
(A) a lot, the boundaries of which were
established by a plat recorded in the office of the county clerk
before September 1, 1989, that has not been subdivided after
September 1, 1989; or
(B) a lot, the boundaries of which were
established by a metes and bounds description in a deed of
conveyance, a contract of sale, or other executory contract to
convey real property that has been legally executed and recorded in
the office of the county clerk before September 1, 1989, that has
not been subdivided after September 1, 1989.
(12) "Subdivider" means an individual, firm,
corporation, or other legal entity [that owns any interest in land
and] that directly or indirectly subdivides land into lots for sale
or lease as part of a common promotional plan in the ordinary course
of business.
SECTION 3. Subsection (b), Section 232.024, Local
Government Code, is amended to read as follows:
(b) If any part of a plat applies to land intended for
residential housing and any part of that land lies in a floodplain,
the commissioners court shall not approve the plat unless:
(1) the subdivision is developed in compliance with
the minimum requirements of the National Flood Insurance Program
and local regulations or orders adopted under Section 16.315, Water
Code; and
(2) the plat evidences a restrictive covenant
prohibiting [as required by this subsection. The restrictive
covenant shall prohibit] the construction of residential housing in
any area of the subdivision that is in a floodplain unless the
housing is developed in compliance with the minimum requirements of
[qualifies for insurance under] the National Flood Insurance
Program and local regulations or orders adopted under Section
16.315, Water Code [Act of 1968 (42 U.S.C. Sections 4001 through
4127)].
SECTION 4. Section 232.025, Local Government Code, is
amended to read as follows:
Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order
adopted and entered in the minutes of the commissioners court, and
after a notice is published in English and Spanish in a newspaper of
general circulation in the county, the commissioners court shall
for each subdivision:
(1) require a right-of-way on a street or road that
functions as a main artery in a subdivision, of a width of not less
than 50 feet or more than 100 feet;
(2) require a right-of-way on any other street or road
in a subdivision of not less than 40 feet or more than 70 feet;
(3) require that the shoulder-to-shoulder width on
collectors or main arteries within the right-of-way be not less
than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
width on any other street or road be not less than 18 [25] feet or
more than 35 feet;
(4) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road;
(5) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices;
(6) require that each purchase contract made between a
subdivider and a purchaser of land in the subdivision contain a
statement describing how and when water, sewer, electricity, and
gas services will be made available to the subdivision; and
(7) require that the subdivider of the tract execute a
bond in the manner provided by Section 232.027.
SECTION 5. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.0251 to read as follows:
Sec. 232.0251. STANDARD FOR ROADS IN SUBDIVISION. (a)
Except as provided by Subsection (b) or (c), a county may not impose
under Section 232.025 a higher standard for streets or roads in a
subdivision than the county imposes on itself for the construction
of streets or roads with a similar type and amount of traffic.
(b) A county may maintain a less stringent street or road
construction standard for county roads or streets that were
established, acquired, or constructed before September 1, 2009.
(c) A county may establish and maintain less stringent
construction standards for roads or streets that are acquired,
dedicated, or donated through an acquisition project undertaken by
the county to convert an existing privately owned or maintained
street or easement into a public right-of-way or easement for
public access or utility purposes.
SECTION 6. Subsection (b), Section 232.028, Local
Government Code, is amended to read as follows:
(b) On the commissioners court's own motion or on the
written request of a subdivider, an owner or resident of a lot in a
subdivision, or an entity that provides a utility service, the
commissioners court shall make the following determinations
regarding the land in which the entity or commissioners court is
interested that is located within the jurisdiction of the county:
(1) whether a plat has been prepared and whether it has
been reviewed and approved by the commissioners court;
(2) whether water service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.023 and are fully operable;
(3) whether sewer service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.023 and are fully operable, or if septic systems are
used, whether the lot is served by a permitted on-site sewage
facility or lots in the subdivision can be adequately and legally
served by septic systems under Section 232.023; and
(4) whether electrical and gas facilities, if
available, have been constructed or installed to service the lot or
subdivision under Section 232.023.
SECTION 7. Section 232.029, Local Government Code, is
amended by amending Subsections (b), (c), (d), (e), and (i) and
adding Subsections (n) and (o) to read as follows:
(b) Except as provided by Subsections (c) and (k) or Section
232.037(c), a utility may not serve or connect any subdivided land
with electricity or gas unless the entity receives a determination
from the county commissioners court under Sections [Section]
232.028(b)(2) and (3) that adequate water and sewer services have
been installed to service the lot or subdivision.
(c) An electric, gas, water, or sewer service utility may
serve or connect subdivided land with water, sewer, electricity,
gas, or other utility service regardless of whether the utility
receives a certificate issued by the commissioners court under
Section 232.028(a) or receives a determination from the
commissioners court under Section 232.028(b) if the utility is
provided with a certificate issued by the commissioners court that
states that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider [to the
person requesting service] by any means of conveyance, including a
contract for deed or executory contract:
(i) before September 1, 1995; or
(ii) before September 1, 1999, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42;
(B) has not been subdivided after September 1,
1995, or September 1, 1999, as applicable under Paragraph (A) [is
located in a subdivision in which the utility has previously
provided service]; [and]
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun[:
[(i) on or before May 1, 1997; or
[(ii)] on or before May 1, 2003; and
(D) has had adequate sewer services installed to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code;
(2) the subdivided land is a lot of record and has
adequate sewer services installed that are fully operable to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code[, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42]; or
(3) [(2)] the land was not subdivided after September
1, 1995, and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(d) A utility may provide utility service to subdivided land
described by Subsection (c)(1), (2), or (3) only if the person
requesting service:
(1) is not the land's subdivider or the subdivider's
agent; and
(2) provides to the utility a certificate described by
Subsection (c) [(c)(1)].
(e) A person requesting service may obtain a certificate
under Subsection (c)(1), (2), or (3) only if the person is the owner
or purchaser of the subdivided land and provides to the
commissioners court documentation containing [either]:
(1) [documentation containing:
[(A)] a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider before September 1, 1995, or before September 1, 1999,
as applicable under Subsection (c);
(2) [to the person requesting service:
[(i) before September 1, 1995; or
[(ii) before September 1, 1999, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42; and
[(B)] a notarized affidavit by that person
requesting service under Subsection (c)(1) that states that
construction of a residence on the land, evidenced by at least the
existence of a completed foundation, was begun[:
[(i) on or before May 1, 1997; or
[(ii)] on or before May 1, 2003, and the
request for utility connection or service is to connect or serve a
residence described by Subsection (c)(1)(C);
(3) [if the subdivided land on August 31, 1999, was
located in the extraterritorial jurisdiction of a municipality as
determined by Chapter 42; or
[(2)] a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after[:
[(A) the property was sold or conveyed to that
person:
[(i) before] September 1, 1995,[;] or
[(ii) before] September 1, 1999, as
applicable under Subsection (c); and
(4) evidence that adequate sewer service or facilities
have been installed and are fully operable to service the lot or
dwelling from an entity described by Section 232.021(14) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety Code
[if the subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42; and
[(B) construction of a residence on the land,
evidenced by at least the existence of a completed foundation, was
begun:
[(i) on or before May 1, 1997; or
[(ii) on or before May 1, 2003, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42].
(i) The prohibition established by this section shall not
prohibit a water, sewer, [an] electric, or gas utility from
providing water, sewer, electric, or gas utility connection or
service to a lot [being] sold, conveyed, or purchased through a
contract for deed or executory contract or other device by a
subdivider prior to July 1, 1995, or September 1, 1999, if on August
31, 1999, the subdivided land was located in the extraterritorial
jurisdiction of a municipality that has adequate sewer services
installed that are fully operable to service the lot, as determined
by an authorized agent responsible for the licensing or permitting
of on-site sewage facilities under Chapter 366, Health and Safety
Code, [which is located within a subdivision where the utility has
previously established service] and was subdivided by a plat
approved prior to September 1, 1989.
(n) Except as provided by Subsection (o), this section does
not prohibit a water or sewer utility from providing water or sewer
utility connection or service to a residential dwelling that:
(1) is provided water or wastewater facilities under
or in conjunction with a federal or state funding program designed
to address inadequate water or wastewater facilities in colonias or
to residential lots located in a county described by Section
232.022(a)(1);
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
(4) is located in a project for which the municipality
with jurisdiction over the project or the approval of plats within
the project area has approved the improvement project by order,
resolution, or interlocal agreement under Chapter 791, Government
Code, if applicable.
(o) A utility may not serve any subdivided land with water
utility connection or service under Subsection (n) unless the
entity receives a determination from the county commissioners court
under Section 232.028(b)(3) that adequate sewer services have been
installed to service the lot or dwelling.
SECTION 8. Subsection (a), Section 232.031, Local
Government Code, is amended to read as follows:
(a) Except as provided by Subsection (d), a subdivider may
not sell or lease land in a subdivision first platted or replatted
after July 1, 1995, unless the subdivision plat is approved by the
commissioners court in accordance with Section 232.024. The
subdivider may market, promote, advertise, and execute an earnest
money contract in relation to the sale or lease of land in the
subdivision before the subdivision plat is approved.
SECTION 9. 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) Notwithstanding any conflicting law, including any
conflicting rule, regulation, or order adopted under that law, the
platting requirements under Subchapter A apply to each tract of
land covered by this section that is more than five acres but not
more than 10 acres. The platting requirements under this
subchapter apply to each tract of land covered by this section that
is five acres or less.
(d) A person may not commence construction or 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 rules,
regulations, and orders as necessary for the administration and
enforcement of this section.
(e) A notice of the authorized use, residential or
nonresidential, as appropriate, for each tract of land covered by
this section that is more than five acres but not more than 10 acres
must be included in both English and Spanish on the face of the plat
if platting requirements must be met in relation to the tract under
applicable law or a person otherwise chooses to file a plat. A
uniform written notice, prescribed by the county in both English
and Spanish, of the authorized use must be attached to contracts,
deeds, and notices to purchasers that relate to the tract. The
bilingual notice to a purchaser prescribed by the county in
accordance with this subsection must also be attached to all
written documents relating to the sale and must include a reference
to the infrastructure requirements of this section and inform the
purchaser that it is the purchaser's responsibility to satisfy the
county that the infrastructure requirements of this section have or
will be met before obtaining a development permit or occupying a
residential structure constructed on the land subject to the
permit.
(f) A person may not occupy a residential structure covered
by this section if the structure is without infrastructure and
services that comply with this section and with applicable rules,
regulations, or orders of the county in which the residential
structure is located.
(g) 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.
(h) The commissioners court or the court's designee shall
issue a development permit to a person submitting an application
for the permit only if the person:
(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 but not more than 10 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, orders, or regulations that
the county shall establish to ensure that water and sewer service
facilities are provided to residential structures covered by this
section, 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;
(9) if the tract of land is more than five acres but
not more than 10 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 development permit is complete; and
(10) if the tract of land is more than five acres but
not more than 10 acres and if platting requirements must be met in
relation to the tract under applicable law or the person otherwise
chooses to file a plat, has complied with the requirement to include
a bilingual notice of authorized use on the face of the plat in
accordance with Subsection (e).
(i) 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 and
enforcing the requirements under this section. Fees collected
under this subsection may be used only to defray those costs.
(j) 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.
(k) A development permit application is considered to be
complete when all documentation or other information required by
Subsection (j) and all applicable fees charged under Subsection (i)
are received by the county. Acceptance by the commissioners court
or the court's designee of a completed application may not be
construed as approval of the application.
(l) 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. If
the commissioners court or the court's designee fails to take final
action on the application for a development permit as required by
this subsection, the permit application is approved by operation of
law.
(m) The county may conduct inspections to ensure compliance
with an application submitted or a permit issued under this
section.
(n) 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.
(o) A person commits an offense if the person knowingly
fails to obtain a development permit in accordance with this
section or a rule, regulation, or order adopted in accordance with
this section. A person commits an offense if the person knowingly
fails to comply with a rule, regulation, or order adopted in
accordance with this section or knowingly violates the prohibition
on occupancy prescribed by Subsection (f). An offense under this
subsection is a Class C misdemeanor, except that the offense is a
Class B misdemeanor if it is shown on the trial of the offense that
the defendant has knowingly caused five or more residential
structures to be constructed, substantially improved, or occupied
in violation of this section or a rule, regulation, or order adopted
in accordance with this section.
(p) The county, in a suit brought by the appropriate
attorney representing the county in a district court of that
county, is entitled to appropriate injunctive relief to prevent the
violation or threatened violation of a provision of this section
from occurring or continuing.
SECTION 10. Subsection (f), Section 232.029, Local
Government Code, is repealed.
SECTION 11. 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.