Texas 2013 - 83rd Regular

Texas Senate Bill SB1599 Compare Versions

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1	1	83R29192 JTS-D
2	2	By: Zaffirini S.B. No. 1599
3	3	(Lozano)
4	4	Substitute the following for S.B. No. 1599: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to county and municipal land development regulation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 405.021, Government Code, is amended by
12	12	adding Subsection (g-1) to read as follows:
13	13	(g-1) A system described by Subsection (g):
14	14	(1) must include a method for a municipality or
15	15	county, on a form prescribed by the secretary of state, to nominate
16	16	an area for identification as a colonia; and
17	17	(2) may provide for the review of a nominated area by
18	18	the Texas Water Development Board, the office of the attorney
19	19	general, or any other appropriate state agency as determined by the
20	20	secretary of state.
21	21	SECTION 2. Section 232.022(d), Local Government Code, is
22	22	amended to read as follows:
23	23	(d) This subchapter does not apply if all [each] of the lots
24	24	of the subdivision are more than [is] 10 [or more] acres.
25	25	SECTION 3. Section 232.023, Local Government Code, is
26	26	amended by amending Subsection (a) and adding Subsection (a-1) to
27	27	read as follows:
28	28	(a) A subdivider of land must have a plat of the subdivision
29	29	prepared if at least one of the lots of the subdivision is five
30	30	acres or less. A commissioners court by order may require each
31	31	subdivider of land to prepare a plat if none of the lots is five
32	32	acres or less but at least one of the lots of a subdivision is more
33	33	than five acres but not more than 10 acres.
34	34	(a-1) A subdivision of a tract under this section
35	35	[subsection] includes a subdivision of real property by any method
36	36	of conveyance, including a contract for deed, oral contract,
37	37	contract of sale, or other type of executory contract, regardless
38	38	of whether the subdivision is made by using a metes and bounds
39	39	description.
40	40	SECTION 4. Section 232.072, Local Government Code, is
41	41	amended by amending Subsection (a) and adding Subsection (a-1) to
42	42	read as follows:
43	43	(a) The owner of a tract of land that divides the tract in
44	44	any manner that creates at least one lot [lots] of five acres or
45	45	less intended for residential purposes must have a plat of the
46	46	subdivision prepared. A commissioners court by order may require
47	47	each subdivider of land to prepare a plat if none of the lots is five
48	48	acres or less but at least one of the lots of the subdivision is more
49	49	than five acres but not more than 10 acres.
50	50	(a-1) A subdivision of a tract under this section includes a
51	51	subdivision of real property by any method of conveyance, including
52	52	a contract for deed, oral contract, contract of sale, or other type
53	53	of executory contract, regardless of whether the subdivision is
54	54	made by using a metes and bounds description.
55	55	SECTION 5. Section 16.343, Water Code, is amended by adding
56	56	Subsection (f) and amending Subsection (g) to read as follows:
57	57	(f) The model rules may impose a platting or replatting
58	58	requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except
59	59	as may be required by an agreement developed under Chapter 242,
60	60	Local Government Code, a municipality that has adopted the model
61	61	rules may impose the applicable platting requirements of Chapter
62	62	212, Local Government Code, and a county that has adopted the model
63	63	rules may impose the applicable platting requirements of Chapter
64	64	232, Local Government Code, to real property that is required to be
65	65	platted or replatted by the model rules under this section.
66	66	(g) Before an application for funds under Section 15.407 or
67	67	Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may be
68	68	considered by the board, if the applicant is located:
69	69	(1) in a municipality, the municipality must adopt and
70	70	enforce the model rules in accordance with this section;
71	71	(2) in the extraterritorial jurisdiction of a
72	72	municipality, the applicant must demonstrate that the model rules
73	73	have been adopted and are enforced in the extraterritorial
74	74	jurisdiction by the municipality or the county; or
75	75	(3) outside the extraterritorial jurisdiction of a
76	76	municipality, the county must adopt and enforce the model rules in
77	77	accordance with this section [a political subdivision must adopt
78	78	the model rules pursuant to this section. If the applicant is a
79	79	district, nonprofit water supply corporation, or colonia, the
80	80	applicant must be located in a city or county that has adopted such
81	81	rules. Applicants for funds under Section 15.407 or Subchapter P,
82	82	Chapter 15, or Subchapter K, Chapter 17, may not receive funds under
83	83	those provisions unless the applicable political subdivision
84	84	adopts and enforces the model rules].
85	85	SECTION 6. The changes in law made by this Act to Chapter
86	86	232, Local Government Code, apply only to a subdivision plat
87	87	application submitted for approval on or after the effective date
88	88	of this Act. A subdivision plat application submitted for approval
89	89	before the effective date of this Act is governed by the law in
90	90	effect when the application was submitted, and the former law is
91	91	continued in effect for that purpose.
92	92	SECTION 7. This Act takes effect September 1, 2013.