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