Texas 2013 - 83rd Regular

Texas Senate Bill SB552 Compare Versions

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1	1	By: Uresti S.B. No. 552
2	2	(Nevarez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an application filed with a county commissioners court
8	8	to revise a subdivision plat; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 232.009, Local Government Code, is
11	11	amended by amending Subsection (c) and adding Subsections (c-1) and
12	12	(g) to read as follows:
13	13	(c) Except as provided by Subsection (c-1), after [After]
14	14	the application is filed with the commissioners court, the court
15	15	shall publish a notice of the application in a newspaper of general
16	16	circulation in the county. The notice must include a statement of
17	17	the time and place at which the court will meet to consider the
18	18	application and to hear protests to the revision of the plat. The
19	19	notice must be published at least three times during the period that
20	20	begins on the 30th day and ends on the seventh day before the date of
21	21	the meeting. Except as provided by Subsection (f), if all or part
22	22	of the subdivided tract has been sold to nondeveloper owners, the
23	23	court shall also give notice to each of those owners by certified or
24	24	registered mail, return receipt requested, at the owner's address
25	25	in the subdivided tract.
26	26	(c-1) If the commissioners court determines that the
27	27	revision to the subdivision plat does not affect a public interest
28	28	or public property of any type, including, but not limited to, a
29	29	park, school, or road, the notice requirements under Subsection (c)
30	30	do not apply to the application and the commissioners court shall:
31	31	(1) provide written notice of the application to the
32	32	owners of the lots that are within 200 feet of the subdivision plat
33	33	to be revised, as indicated in the most recent records of the
34	34	central appraisal district of the county in which the lots are
35	35	located; and
36	36	(2) if the county maintains an Internet website, post
37	37	notice of the application continuously on the website for at least
38	38	30 days preceding the date of the meeting to consider the
39	39	application until the day after the meeting.
40	40	(g) The commissioners court may impose a fee for filing an
41	41	application under this section. The amount of the fee must be based
42	42	on the cost of processing the application, including publishing the
43	43	notices required under Subsection (c) or (c-1).
44	44	SECTION 2. Section 232.041, Local Government Code, is
45	45	amended by amending Subsection (b) and adding Subsections (b-1) and
46	46	(e) to read as follows:
47	47	(b) Except as provided by Subsection (b-1), after [After]
48	48	the application is filed with the commissioners court, the court
49	49	shall publish a notice of the application in a newspaper of general
50	50	circulation in the county. The notice must include a statement of
51	51	the time and place at which the court will meet to consider the
52	52	application and to hear protests to the revision of the plat. The
53	53	notice must be published at least three times during the period that
54	54	begins on the 30th day and ends on the seventh day before the date of
55	55	the meeting. If all or part of the subdivided tract has been sold to
56	56	nondeveloper owners, the court shall also give notice to each of
57	57	those owners by certified or registered mail, return receipt
58	58	requested, at the owner's address in the subdivided tract.
59	59	(b-1) If the commissioners court determines that the
60	60	revision to the subdivision plat does not affect a public interest
61	61	or public property of any type, including, but not limited to, a
62	62	park, school, or road, the notice requirements under Subsection (b)
63	63	do not apply to the application and the commissioners court shall:
64	64	(1) provide written notice of the application to the
65	65	owners of the lots that are within 200 feet of the subdivision plat
66	66	to be revised, as indicated in the most recent records of the
67	67	central appraisal district of the county in which the lots are
68	68	located; and
69	69	(2) if the county maintains an Internet website, post
70	70	notice of the application continuously on the website for at least
71	71	30 days preceding the date of the meeting to consider the
72	72	application until the day after the meeting.
73	73	(e) The commissioners court may impose a fee for filing an
74	74	application under this section. The amount of the fee must be based
75	75	on the cost of processing the application, including publishing the
76	76	notices required under Subsection (b) or (b-1).
77	77	SECTION 3. Sections 232.009 and 232.041, Local Government
78	78	Code, as amended by this Act, apply only to an application filed on
79	79	or after the effective date of this Act.
80	80	SECTION 4. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2013.