83R5004 EAH-F
By: Uresti S.B. No. 552
A BILL TO BE ENTITLED
AN ACT
relating to an application filed with a county commissioners court
to revise a subdivision plat; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.041, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (b-1) and
(e) to read as follows:
(b) Except as provided by Subsection (b-1), after [After]
the application is filed with the commissioners court, the court
shall publish a notice of the application in a newspaper of general
circulation in the county. The notice must include a statement of
the time and place at which the court will meet to consider the
application and to hear protests to the revision of the plat. The
notice must be published at least three times during the period that
begins on the 30th day and ends on the seventh day before the date of
the meeting. If all or part of the subdivided tract has been sold to
nondeveloper owners, the court shall also give notice to each of
those owners by certified or registered mail, return receipt
requested, at the owner's address in the subdivided tract.
(b-1) If the commissioners court determines that the
revision to the subdivision plat does not affect a public interest,
including an effect on a public road, the notice requirements under
Subsection (b) do not apply to the application and the
commissioners court shall provide written notice of the application
to the owners of the lots that are within 200 feet of the
subdivision plat to be revised, as indicated in the most recent
records of the central appraisal district of the county in which the
lots are located.
(e) The commissioners court may impose a fee for filing an
application under this section. The amount of the fee must be based
on the cost of processing the application, including publishing the
notices required under Subsection (b) or (b-1).
SECTION 2. Section 232.041, Local Government Code, as
amended by this Act, applies only to an application filed on or
after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.