| 1 | 1 | | 85R2734 JTS-D |
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| 2 | 2 | | By: Guillen H.B. No. 1328 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to standards for advertising land for sale in certain |
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| 8 | 8 | | border counties before a subdivision plat for the land has been |
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| 9 | 9 | | approved; affecting the prosecution of a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 232.033(a) and (h), Local Government |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) Brochures, publications, and advertising of any form |
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| 14 | 14 | | relating to [subdivided] land required to be platted under this |
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| 15 | 15 | | subchapter: |
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| 16 | 16 | | (1) may not contain any misrepresentation; [and] |
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| 17 | 17 | | (2) except for a for-sale sign posted on the property |
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| 18 | 18 | | that is no larger than three feet by three feet, must accurately |
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| 19 | 19 | | describe the availability of water and sewer service facilities and |
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| 20 | 20 | | electric and gas utilities; and |
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| 21 | 21 | | (3) if a plat for the land has not been finally |
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| 22 | 22 | | approved and recorded, must include a notice that: |
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| 23 | 23 | | (A) a contract for the sale of any portion of the |
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| 24 | 24 | | land may not be entered into until the land receives final plat |
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| 25 | 25 | | approval under Section 232.024; and |
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| 26 | 26 | | (B) the land may not be possessed or occupied |
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| 27 | 27 | | until: |
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| 28 | 28 | | (i) the land receives final plat approval |
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| 29 | 29 | | under Section 232.024; and |
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| 30 | 30 | | (ii) all water and sewer service facilities |
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| 31 | 31 | | for the lot are connected or installed in compliance with the model |
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| 32 | 32 | | rules adopted under Section 16.343, Water Code. |
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| 33 | 33 | | (h) A person who is a seller of lots for which a plat is |
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| 34 | 34 | | required under this subchapter [in a subdivision], or a subdivider |
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| 35 | 35 | | or an agent of a seller or subdivider, commits an offense if the |
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| 36 | 36 | | person knowingly authorizes or assists in the publication, |
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| 37 | 37 | | advertising, distribution, or circulation of any statement or |
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| 38 | 38 | | representation that the person knows is false concerning any |
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| 39 | 39 | | [subdivided] land offered for sale or lease. An offense under this |
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| 40 | 40 | | section is a Class A misdemeanor. |
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| 41 | 41 | | SECTION 2. Section 232.021(9), Local Government Code, is |
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| 42 | 42 | | repealed. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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