83R29192 JTS-D
By: Zaffirini S.B. No. 1599
(Lozano)
Substitute the following for S.B. No. 1599: No.
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. 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 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. Section 16.343, Water Code, is amended by adding
Subsection (f) and amending Subsection (g) to read as follows:
(f) The model rules may impose a platting or replatting
requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except
as may be required by an agreement developed under Chapter 242,
Local Government Code, a municipality that has adopted the model
rules may impose the applicable platting requirements of Chapter
212, Local Government Code, and a county that has adopted the model
rules may impose the applicable platting requirements of Chapter
232, Local Government Code, to real property that is required to be
platted or replatted by the model rules under this section.
(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 6. 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 7. This Act takes effect September 1, 2013.