| 1 | 1 | | 82R17493 EAH-F |
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| 2 | 2 | | By: Gallego H.B. No. 214 |
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| 3 | 3 | | Substitute the following for H.B. No. 214: |
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| 4 | 4 | | By: Oliveira C.S.H.B. No. 214 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an application filed with a county commissioners court |
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| 10 | 10 | | to revise a subdivision plat. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 232.041, Local Government Code, is |
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| 13 | 13 | | amended by amending Subsection (b) and adding Subsections (b-1) and |
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| 14 | 14 | | (e) to read as follows: |
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| 15 | 15 | | (b) Except as provided by Subsection (b-1), after [After] |
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| 16 | 16 | | the application is filed with the commissioners court, the court |
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| 17 | 17 | | shall publish a notice of the application in a newspaper of general |
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| 18 | 18 | | circulation in the county. The notice must include a statement of |
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| 19 | 19 | | the time and place at which the court will meet to consider the |
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| 20 | 20 | | application and to hear protests to the revision of the plat. The |
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| 21 | 21 | | notice must be published at least three times during the period that |
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| 22 | 22 | | begins on the 30th day and ends on the seventh day before the date of |
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| 23 | 23 | | the meeting. If all or part of the subdivided tract has been sold to |
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| 24 | 24 | | nondeveloper owners, the court shall also give notice to each of |
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| 25 | 25 | | those owners by certified or registered mail, return receipt |
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| 26 | 26 | | requested, at the owner's address in the subdivided tract. |
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| 27 | 27 | | (b-1) If the commissioners court determines that the |
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| 28 | 28 | | revision to the subdivision plat does not affect a public interest, |
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| 29 | 29 | | including an effect on a public road, the notice requirements under |
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| 30 | 30 | | Subsection (b) do not apply to the application and the |
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| 31 | 31 | | commissioners court shall provide written notice of the application |
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| 32 | 32 | | to the owners of the lots that are within 200 feet of the |
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| 33 | 33 | | subdivision plat to be revised, as indicated in the most recent |
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| 34 | 34 | | records of the central appraisal district of the county in which the |
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| 35 | 35 | | lots are located. |
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| 36 | 36 | | (e) The commissioners court may impose a fee for filing an |
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| 37 | 37 | | application under this section. The amount of the fee must be based |
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| 38 | 38 | | on the cost of processing the application, including publishing the |
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| 39 | 39 | | notices required under Subsection (b) or (b-1). |
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| 40 | 40 | | SECTION 2. Section 232.041, Local Government Code, as |
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| 41 | 41 | | amended by this Act, applies only to an application filed on or |
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| 42 | 42 | | after the effective date of this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2011. |
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