| 1 | 1 | | 84R30110 JTS-D |
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| 2 | 2 | | By: RodrĂguez S.B. No. 1575 |
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| 3 | 3 | | (González) |
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| 4 | 4 | | Substitute the following for S.B. No. 1575: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to county regulation of lots in platted subdivisions that |
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| 10 | 10 | | have remained undeveloped for 25 years or more. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 232, Local Government |
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| 13 | 13 | | Code, is amended by adding Section 232.045 to read as follows: |
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| 14 | 14 | | Sec. 232.045. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS |
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| 15 | 15 | | TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) This section applies |
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| 16 | 16 | | only to a county with a population of more than 800,000 that is |
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| 17 | 17 | | adjacent to an international border. |
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| 18 | 18 | | (b) A commissioners court by order may implement a process: |
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| 19 | 19 | | (1) applicable to a subdivision in which 50 percent or |
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| 20 | 20 | | more of the lots are undeveloped or unoccupied on or after the 25th |
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| 21 | 21 | | anniversary of the date the plat for the subdivision was recorded |
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| 22 | 22 | | with the county; and |
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| 23 | 23 | | (2) through which the county, to the extent |
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| 24 | 24 | | practicable, may apply to the subdivision more current street, |
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| 25 | 25 | | road, drainage, and other infrastructure requirements. |
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| 26 | 26 | | (c) A regulation or standard adopted by a county under this |
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| 27 | 27 | | section must be no less stringent than the minimum standards and |
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| 28 | 28 | | other requirements under the model rules for safe and sanitary |
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| 29 | 29 | | water supply and sewer services adopted under Section 16.343, Water |
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| 30 | 30 | | Code, and any other minimum public safety standards that would |
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| 31 | 31 | | otherwise be applicable to the subdivision. |
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| 32 | 32 | | (d) A regulation or standard adopted by a county under this |
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| 33 | 33 | | section applies only to a lot that is owned by an individual, firm, |
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| 34 | 34 | | corporation, or other legal entity that directly or indirectly |
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| 35 | 35 | | offers lots for sale or lease as part of a common promotional plan |
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| 36 | 36 | | in the ordinary course of business, and each regulation or standard |
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| 37 | 37 | | must expressly state that limitation. For the purposes of this |
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| 38 | 38 | | subsection, "common promotional plan" means a plan or scheme of |
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| 39 | 39 | | operation undertaken by a person or a group acting in concert, |
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| 40 | 40 | | either personally or through an agent, to offer for sale or lease |
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| 41 | 41 | | more than two lots when the land is: |
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| 42 | 42 | | (1) contiguous or part of the same area of land; or |
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| 43 | 43 | | (2) known, designated, or advertised as a common unit |
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| 44 | 44 | | or by a common name. |
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| 45 | 45 | | SECTION 2. The county may not apply an order adopted under |
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| 46 | 46 | | Section 232.045, Local Government Code, as added by this Act, to a |
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| 47 | 47 | | subdivision that is the subject of a judicial proceeding pending on |
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| 48 | 48 | | May 1, 2015, to determine whether the subdivision is subject to a |
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| 49 | 49 | | valid and existing subdivision plat. |
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| 50 | 50 | | SECTION 3. This Act takes effect January 1, 2016. |
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