2017S0451-1 03/09/17
By: Bettencourt S.B. No. 1846
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities to replat a subdivision
without vacating the preceding plat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.0146, Local Government Code, is
amended to read as follows:
Sec. 212.0146. REPLATTING WITHOUT VACATING PRECEDING
PLAT[: CERTAIN MUNICIPALITIES]. (a) [This section applies only to
a replat of a subdivision or a part of a subdivision located in a
municipality or the extraterritorial jurisdiction of a
municipality with a population of 1.3 million or more.
[(b)] A replat of a subdivision or part of a subdivision may
be recorded and is controlling over the preceding plat without
vacation of that plat if:
(1) the replat is signed and acknowledged by each
owner and only the owners of the property being replatted;
(2) the municipal authority responsible for approving
plats holds a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard;
(3) the replat does not amend, remove, or violate, or
have the effect of amending, removing, or violating, any covenants
or restrictions that are contained or referenced in a dedicatory
instrument recorded in the real property records separately from
the preceding plat or replat;
(4) the replat does not attempt to amend, remove, or
violate, or have the effect of amending, removing, or violating,
any existing public utility easements without the consent of the
affected utility companies; and
(5) the municipal authority responsible for approving
plats approves the replat after determining that the replat
complies with this subchapter and rules adopted under Section
212.002 and this section in effect at the time the application for
the replat is filed.
(b) [(c)] The governing body of a municipality may adopt
rules governing replats, including rules that establish criteria
under which covenants, restrictions, or plat notations that are
contained only in the preceding plat or replat without reference in
any dedicatory instrument recorded in the real property records
separately from the preceding plat or replat may be amended or
removed.
SECTION 2. This Act takes effect September 1, 2017.