By: Uresti S.B. No. 552
(In the Senate - Filed February 13, 2013; February 20, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 3, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 3, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 552 By: Nichols
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 232.009, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(g) to read as follows:
(c) Except as provided by Subsection (c-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. Except as provided by Subsection (f), 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.
(c-1) If the commissioners court determines that the
revision to the subdivision plat does not affect a public interest
or public property of any type, including, but not limited to, a
park, school, or road, the notice requirements under Subsection (c)
do not apply to the application and the commissioners court shall:
(1) 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; and
(2) if the county maintains an Internet website, post
notice of the application continuously on the website for at least
30 days preceding the date of the meeting to consider the
application until the day after the meeting.
(g) 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 (c) or (c-1).
SECTION 2. 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
or public property of any type, including, but not limited to, a
park, school, or road, the notice requirements under Subsection (b)
do not apply to the application and the commissioners court shall:
(1) 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; and
(2) if the county maintains an Internet website, post
notice of the application continuously on the website for at least
30 days preceding the date of the meeting to consider the
application until the day after the meeting.
(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 3. Sections 232.009 and 232.041, Local Government
Code, as amended by this Act, apply only to an application filed on
or after the effective date of this Act.
SECTION 4. 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.
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