| 1 | 1 | | By: Lucio S.B. No. 1462 |
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| 2 | 2 | | (In the Senate - Filed March 10, 2011; March 22, 2011, read |
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| 3 | 3 | | first time and referred to Committee on International Relations and |
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| 4 | 4 | | Trade; April 5, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 4, Nays 0; April 5, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the enforcement of subdivision platting requirements in |
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| 11 | 11 | | certain counties near the international border of this state. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The purpose of this Act is to allow the state and |
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| 14 | 14 | | certain counties to be affected parties in claims against |
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| 15 | 15 | | unscrupulous developers who violate subdivision platting |
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| 16 | 16 | | requirements under Subchapter B, Chapter 232, Local Government |
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| 17 | 17 | | Code, since the state and counties may reasonably be expected to |
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| 18 | 18 | | mitigate or ameliorate the conditions created by those developers. |
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| 19 | 19 | | SECTION 2. Section 232.037, Local Government Code, is |
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| 20 | 20 | | amended by amending Subsection (a) and adding Subsection (e) to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (a) The attorney general, or the district attorney, |
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| 23 | 23 | | criminal district attorney, county attorney with felony |
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| 24 | 24 | | responsibilities, or county attorney of the county may take any |
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| 25 | 25 | | action necessary in a court of competent jurisdiction on behalf of |
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| 26 | 26 | | the state, an affected county subject to this subchapter, or |
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| 27 | 27 | | affected [on behalf of] residents to: |
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| 28 | 28 | | (1) enjoin the violation or threatened violation of |
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| 29 | 29 | | the model rules adopted under Section 16.343, Water Code; |
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| 30 | 30 | | (2) enjoin the violation or threatened violation of a |
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| 31 | 31 | | requirement of this subchapter or a rule adopted by the |
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| 32 | 32 | | commissioners court under this subchapter; |
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| 33 | 33 | | (3) recover civil or criminal penalties, attorney's |
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| 34 | 34 | | fees, litigation costs, and investigation costs; [and] |
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| 35 | 35 | | (4) require platting or replatting under Section |
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| 36 | 36 | | 232.040; |
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| 37 | 37 | | (5) recover funds paid to the subdivider or an agent of |
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| 38 | 38 | | the subdivider, with interest; |
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| 39 | 39 | | (6) freeze the assets of the subdivider or an agent of |
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| 40 | 40 | | the subdivider; and |
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| 41 | 41 | | (7) void or rescind contracts. |
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| 42 | 42 | | (e) If the state or a county is a party to the claim, funds |
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| 43 | 43 | | recovered under Subsection (a)(5) must be divided between the |
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| 44 | 44 | | affected residents and the governmental entity or entities, with 50 |
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| 45 | 45 | | percent of the recovery to be paid to the affected residents and the |
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| 46 | 46 | | other 50 percent to be paid to the governmental entity or entities. |
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| 47 | 47 | | Multiple governmental entities that are party to the claim must |
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| 48 | 48 | | divide money received under this subsection equally among the |
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| 49 | 49 | | entities. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 51 | 51 | | * * * * * |
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