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repealed.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