| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to regulation by certain counties of lots in platted |
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| 6 | 8 | | subdivisions that have remained undeveloped. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Subchapter B, Chapter 232, Local Government |
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| 9 | 11 | | Code, is amended by adding Section 232.045 to read as follows: |
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| 10 | 12 | | Sec. 232.045. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS |
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| 11 | 13 | | TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) This section applies |
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| 12 | 14 | | only to a county with a population of more than 800,000 that is |
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| 13 | 15 | | adjacent to an international border. |
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| 14 | 16 | | (b) A commissioners court by order may implement a process: |
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| 15 | 17 | | (1) applicable to a subdivision in which 50 percent or |
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| 16 | 18 | | more of the lots are undeveloped or unoccupied on or after the 25th |
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| 17 | 19 | | anniversary of the date the plat for the subdivision was recorded |
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| 18 | 20 | | with the county; and |
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| 19 | 21 | | (2) through which the county, to the extent |
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| 20 | 22 | | practicable, may apply to the subdivision more current street, |
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| 21 | 23 | | road, drainage, and other infrastructure requirements. |
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| 22 | 24 | | (c) A regulation or standard adopted by a county under this |
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| 23 | 25 | | section must be no less stringent than the minimum standards and |
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| 24 | 26 | | other requirements under the model rules for safe and sanitary |
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| 25 | 27 | | water supply and sewer services adopted under Section 16.343, Water |
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| 26 | 28 | | Code, and any other minimum public safety standards that would |
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| 27 | 29 | | otherwise be applicable to the subdivision. |
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| 28 | 30 | | (d) A regulation or standard adopted by a county under this |
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| 29 | 31 | | section applies only to a lot that is owned by an individual, firm, |
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| 30 | 32 | | corporation, or other legal entity that directly or indirectly |
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| 31 | 33 | | offers lots for sale or lease as part of a common promotional plan |
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| 32 | 34 | | in the ordinary course of business, and each regulation or standard |
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| 33 | 35 | | must expressly state that limitation. For the purposes of this |
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| 34 | 36 | | subsection, "common promotional plan" means a plan or scheme of |
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| 35 | 37 | | operation undertaken by a person or a group acting in concert, |
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| 36 | 38 | | either personally or through an agent, to offer for sale or lease |
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| 37 | 39 | | more than two lots when the land is: |
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| 38 | 40 | | (1) contiguous or part of the same area of land; or |
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| 39 | 41 | | (2) known, designated, or advertised as a common unit |
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| 40 | 42 | | or by a common name. |
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| 41 | 43 | | SECTION 2. Section 232.045, Local Government Code, as added |
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| 42 | 44 | | by this Act, does not apply to property that was the subject of a |
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| 43 | 45 | | settlement agreement and release incorporating an agreed final |
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| 44 | 46 | | judgment that was effective on or before May 1, 2017, or any |
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| 45 | 47 | | property that was the subject of an amendment to such settlement |
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| 46 | 48 | | agreement and release that was subsequently entered into by the |
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| 47 | 49 | | parties. |
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| 48 | 50 | | SECTION 3. This Act takes effect January 1, 2020. |
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| 49 | | - | ______________________________ ______________________________ |
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| 50 | | - | President of the Senate Speaker of the House |
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| 51 | | - | I hereby certify that S.B. No. 1402 passed the Senate on |
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| 52 | | - | April 23, 2019, by the following vote: Yeas 24, Nays 7. |
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| 53 | | - | ______________________________ |
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| 54 | | - | Secretary of the Senate |
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| 55 | | - | I hereby certify that S.B. No. 1402 passed the House on |
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| 56 | | - | May 14, 2019, by the following vote: Yeas 129, Nays 12, two |
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| 57 | | - | present not voting. |
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| 58 | | - | ______________________________ |
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| 59 | | - | Chief Clerk of the House |
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| 60 | | - | Approved: |
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| 61 | | - | ______________________________ |
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| 62 | | - | Date |
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| 63 | | - | ______________________________ |
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| 64 | | - | Governor |
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