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