H.B. No. 3314
AN ACT
relating to certain requirements to replat certain municipal
subdivision plats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.014, Local Government Code, is
amended to read as follows:
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT.
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 the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted;
(2) is approved[, after a public hearing on the matter
at which parties in interest and citizens have an opportunity to be
heard,] by the municipal authority responsible for approving plats;
and
(3) does not attempt to amend or remove any covenants
or restrictions.
SECTION 2. Section 212.015, Local Government Code, is
amended by adding Subsections (a-1), (f), and (g) and amending
Subsection (b) to read as follows:
(a-1) If a proposed replat described by Subsection (a)
requires a variance or exception, a public hearing must be held by
the municipal planning commission or the governing body of the
municipality.
(b) Notice of the hearing required under Subsection (a-1)
[Section 212.014] shall be given before the 15th day before the date
of the hearing by:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) by written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested. The written notice may
be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
(f) If a proposed replat described by Subsection (a) does
not require a variance or exception, the municipality shall, not
later than the 15th day after the date the replat is approved,
provide written notice by mail of the approval of the replat to each
owner of a lot in the original subdivision that is within 200 feet
of the lots to be replatted according to the most recent
municipality or county tax roll. This subsection does not apply to
a proposed replat if the municipal planning commission or the
governing body of the municipality holds a public hearing and gives
notice of the hearing in the manner provided by Subsection (b).
(g) The notice of a replat approval required by Subsection
(f) must include:
(1) the zoning designation of the property after the
replat; and
(2) a telephone number and e-mail address an owner of a
lot may use to contact the municipality about the replat.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3314 was passed by the House on May
10, 2019, by the following vote: Yeas 127, Nays 14, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3314 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor