82R17735 MXM-D
By: Guillen, Raymond H.B. No. 1604
Substitute the following for H.B. No. 1604:
By: Gooden C.S.H.B. No. 1604
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of subdivisions in counties, including
certain border and economically distressed counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.0031, Local Government Code, is
amended to read as follows:
Sec. 232.0031. STANDARD FOR ROADS IN SUBDIVISION. A county
may not impose under Section 232.003 a higher standard for streets
or roads in a subdivision than the county imposes on itself for the
construction of new streets or roads with a similar type and amount
of traffic.
SECTION 2. Section 232.022(d), Local Government Code, is
amended to read as follows:
(d) This subchapter does not apply if all [each] of the lots
of the subdivision are more than [is] 10 [or more] acres.
SECTION 3. Section 232.023, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A subdivider of land must have a plat of the subdivision
prepared if at least one of the lots of the subdivision is five
acres or less. A commissioners court by order may require each
subdivider of land to prepare a plat if at least one of the lots of a
subdivision is more than five acres but not more than 10 acres.
(a-1) A subdivision of a tract under this section
[subsection] includes a subdivision of real property by any method
of conveyance, including a contract for deed, oral contract,
contract of sale, or other type of executory contract, regardless
of whether the subdivision is made by using a metes and bounds
description.
SECTION 4. Section 232.033, Local Government Code, is
amended by amending Subsections (a) and (h) and adding Subsection
(a-1) to read as follows:
(a) Brochures, publications, and advertising of any form
relating to [subdivided] land required to be platted under this
subchapter:
(1) may not contain any misrepresentation; [and]
(2) except for a for-sale sign posted on the property
that is no larger than three feet by three feet, must accurately
describe the availability of water and sewer service facilities and
electric and gas utilities; and
(3) if a plat for the land has not been finally
approved and recorded, must include a notice that:
(A) subject to Subsection (a-1), a contract for
the sale of any portion of the land may not be entered into until the
land receives final plat approval under Section 232.024; and
(B) the land may not be possessed or occupied
until:
(i) the land receives final plat approval
under Section 232.024; and
(ii) all water and sewer service facilities
for the lot are connected or installed in compliance with the model
rules adopted under Section 16.343, Water Code.
(a-1) This subsection applies in addition to other
applicable law and prevails to the extent of a conflict with that
other law. This subsection applies only to a person who is a seller
or subdivider and who is a licensed, registered, or otherwise
credentialed residential mortgage loan originator under applicable
state law, federal law, and the Nationwide Mortgage Licensing
System and Registry. A person may, before a plat has been finally
approved and recorded for the land:
(1) enter into an earnest money contract with a
potential purchaser and accept payment under the contract in an
amount of $250 or less; and
(2) advertise in accordance with this section.
(h) A person who is a seller of lots for which a plat is
required under this subchapter [in a subdivision], or a subdivider
or an agent of a seller or subdivider, commits an offense if the
person knowingly authorizes or assists in the publication,
advertising, distribution, or circulation of any statement or
representation that the person knows is false concerning any
[subdivided] land offered for sale or lease. An offense under this
section is a Class A misdemeanor.
SECTION 5. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.0375 to read as follows:
Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) Before a civil enforcement
action may be filed against a subdivider under this subchapter, the
subdivider must be notified in writing about the general nature of
the alleged violation and given 90 days from the notification date
to cure the violation. After the 90th day after the date of the
notification, the enforcement action may proceed.
(b) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
a threat to a consumer or to the health and safety of any person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(c) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation.
SECTION 6. Section 232.072, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The owner of a tract of land that divides the tract in
any manner that creates lots of five acres or less intended for
residential purposes must have a plat of the subdivision prepared.
A commissioners court by order may require each subdivider of land
to prepare a plat if at least one of the lots of a subdivision is
more than five acres but not more than 10 acres.
(a-1) A subdivision of a tract under this section includes a
subdivision of real property by any method of conveyance, including
a contract for deed, oral contract, contract of sale, or other type
of executory contract, regardless of whether the subdivision is
made by using a metes and bounds description.
SECTION 7. Subchapter C, Chapter 232, Local Government
Code, is amended by adding Section 232.0805 to read as follows:
Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021.
(b) Before a civil enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
a threat to a consumer or to the health and safety of any person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(d) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation.
SECTION 8. Section 16.343(g), Water Code, is amended to
read as follows:
(g) Before an application for funds under Section 15.407 or
Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may be
considered by the board, if the area for which the funds are
proposed to be used is located:
(1) in a municipality, the municipality must adopt the
model rules pursuant to this section;
(2) in the extraterritorial jurisdiction of a
municipality, the applicant must demonstrate that the model rules
have been adopted and are enforced in the extraterritorial
jurisdiction by either the municipality or the county; or
(3) outside the extraterritorial jurisdiction of a
municipality, the county must adopt the model rules pursuant to
this section [a political subdivision must adopt the model rules
pursuant to this section. If the applicant is a district, nonprofit
water supply corporation, or colonia, the applicant must be located
in a city or county that has adopted such rules. Applicants for
funds under Section 15.407 or Subchapter P, Chapter 15, or
Subchapter K, Chapter 17, may not receive funds under those
provisions unless the applicable political subdivision adopts and
enforces the model rules].
SECTION 9. Subchapter J, Chapter 16, Water Code, is amended
by adding Section 16.3541 to read as follows:
Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021, Local
Government Code.
(b) Before a civil enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
a threat to a consumer or to the health and safety of any person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(d) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation.
SECTION 10. Section 232.021(9), Local Government Code, is
repealed.
SECTION 11. The changes in law made by this Act to Sections
232.022, 232.023, 232.033, and 232.072, Local Government Code,
apply only to a subdivision plat application submitted for approval
on or after the effective date of this Act. A subdivision plat
application submitted for approval before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 12. This Act applies only to an enforcement action
filed on or after the effective date of this Act. An enforcement
action filed before the effective date of this Act is governed by
the law as it existed when the action was filed, and the former law
is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2011.