Texas 2019 - 86th Regular

Texas House Bill HB3314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3314
	1	+	By: Romero, Jr. (Senate Sponsor - Zaffirini) H.B. No. 3314
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to certain requirements to replat certain municipal
6	12		subdivision plats.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 212.014, Local Government Code, is
9	15		amended to read as follows:
10	16		Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT.
11	17		A replat of a subdivision or part of a subdivision may be recorded
12	18		and is controlling over the preceding plat without vacation of that
13	19		plat if the replat:
14	20		(1) is signed and acknowledged by only the owners of
15	21		the property being replatted;
16	22		(2) is approved[, after a public hearing on the matter
17	23		at which parties in interest and citizens have an opportunity to be
18	24		heard,] by the municipal authority responsible for approving plats;
19	25		and
20	26		(3) does not attempt to amend or remove any covenants
21	27		or restrictions.
22	28		SECTION 2. Section 212.015, Local Government Code, is
23	29		amended by adding Subsections (a-1), (f), and (g) and amending
24	30		Subsection (b) to read as follows:
25	31		(a-1) If a proposed replat described by Subsection (a)
26	32		requires a variance or exception, a public hearing must be held by
27	33		the municipal planning commission or the governing body of the
28	34		municipality.
29	35		(b) Notice of the hearing required under Subsection (a-1)
30	36		[Section 212.014] shall be given before the 15th day before the date
31	37		of the hearing by:
32	38		(1) publication in an official newspaper or a
33	39		newspaper of general circulation in the county in which the
34	40		municipality is located; and
35	41		(2) by written notice, with a copy of Subsection (c)
36	42		attached, forwarded by the municipal authority responsible for
37	43		approving plats to the owners of lots that are in the original
38	44		subdivision and that are within 200 feet of the lots to be
39	45		replatted, as indicated on the most recently approved municipal tax
40	46		roll or in the case of a subdivision within the extraterritorial
41	47		jurisdiction, the most recently approved county tax roll of the
42	48		property upon which the replat is requested. The written notice may
43	49		be delivered by depositing the notice, properly addressed with
44	50		postage prepaid, in a post office or postal depository within the
45	51		boundaries of the municipality.
46	52		(f) If a proposed replat described by Subsection (a) does
47	53		not require a variance or exception, the municipality shall, not
48	54		later than the 15th day after the date the replat is approved,
49	55		provide written notice by mail of the approval of the replat to each
50	56		owner of a lot in the original subdivision that is within 200 feet
51	57		of the lots to be replatted according to the most recent
52	58		municipality or county tax roll. This subsection does not apply to
53	59		a proposed replat if the municipal planning commission or the
54	60		governing body of the municipality holds a public hearing and gives
55	61		notice of the hearing in the manner provided by Subsection (b).
56	62		(g) The notice of a replat approval required by Subsection
57	63		(f) must include:
58	64		(1) the zoning designation of the property after the
59	65		replat; and
60	66		(2) a telephone number and e-mail address an owner of a
61	67		lot may use to contact the municipality about the replat.
62	68		SECTION 3. This Act takes effect September 1, 2019.
63		-	______________________________ ______________________________
64		-	President of the Senate Speaker of the House
65		-	I certify that H.B. No. 3314 was passed by the House on May
66		-	10, 2019, by the following vote: Yeas 127, Nays 14, 2 present, not
67		-	voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	I certify that H.B. No. 3314 was passed by the Senate on May
71		-	22, 2019, by the following vote: Yeas 31, Nays 0.
72		-	______________________________
73		-	Secretary of the Senate
74		-	APPROVED: _____________________
75		-	Date
76		-	_____________________
77		-	Governor
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