By: Zaffirini S.B. No. 1816
(In the Senate - Filed March 11, 2011; March 24, 2011, read
first time and referred to Committee on International Relations and
Trade; April 26, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1816 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal land development regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 405.021, Government Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) A system described by Subsection (g):
(1) must include a method for a municipality or
county, on a form prescribed by the secretary of state, to nominate
an area for identification as a colonia; and
(2) may provide for the review of a nominated area by
the Texas Water Development Board, the office of the attorney
general, or any other appropriate state agency as determined by the
secretary of state.
SECTION 2. Subsections (a) and (d), Section 232.022, Local
Government Code, are amended to read as follows:
(a) This subchapter applies only to:
(1) a county any part of which is located within 50
miles of an international border; [or]
(2) a county:
(A) any part of which is located within 100 miles
of an international border;
(B) that contains the majority of the area of a
municipality with a population of more than 250,000; and
(C) to which Subdivision (1) does not apply; or
(3) a county in which the commissioners court by
order:
(A) has adopted the model rules adopted under
Section 16.343, Water Code; and
(B) elects to operate under this subchapter.
(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 a
subdivider of land to prepare a plat if none of the lots is five
acres or less but 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 232.072, 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 at least one lot [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 none of the lots is five
acres or less but at least one of the lots of the 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 5. Subchapter Z, Chapter 233, Local Government
Code, is amended by adding Section 233.902 to read as follows:
Sec. 233.902. CONNECTION OF UTILITIES: RESIDENTIAL
STRUCTURE. A utility may not serve or connect any residential
structure with permanent water, sewer, electricity, gas, or other
utility service unless the utility receives a certificate issued by
the commissioners court certifying that the residential structure
complies with all county regulations applicable to the structure.
SECTION 6. Section 16.343, Water Code, is amended by adding
Subsection (f) and amending Subsection (g) to read as follows:
(f) To augment regulatory compliance by political
subdivisions, the model rules may impose requirements for platting,
replatting, or any other method authorized by law. Notwithstanding
any other law to the contrary, a political subdivision that has
adopted the model rules under this section may impose the platting
requirements of Chapter 212 or 232, Local Government Code, as
applicable to a division of real property that is required to be
platted or replatted by the provisions of the model rules.
(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 applicant is located:
(1) in a municipality, the municipality must adopt and
enforce the model rules in accordance with 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 the municipality or the county; or
(3) outside the extraterritorial jurisdiction of a
municipality, the county must adopt and enforce the model rules in
accordance with 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 7. The changes in law made by this Act to Chapter
232, 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 8. This Act takes effect September 1, 2011.
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