By: Guillen H.B. No. 4108
A BILL TO BE ENTITLED
AN ACT
relating to the modification of model subdivision rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.022, Local Government Code is
amended by adding Subsection (e) to read as follows:
(e) This subchapter does not apply if all lots of the
subdivision are no less than .50 acres and the county makes a
determination that:
(1) There is access to municipal water within 700 feet
of the property line;
(2) The property abuts a road and there are no
landlocked partitions;
(3) There is adequate space on the partitioned
property to accommodate a septic tank or access to a sewer system;
and
(4) A civil engineer has certified that the property
is not in a flood plain and adequate drainage exists for the
partitioned lots.
SECTION 2. Section 232.027, Local Government Code, is
amended to read as follows:
Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by
Subsection (c), unless [Unless] a person has completed the
installation of all water and sewer service facilities required by
this subchapter on the date that person applies for final approval
of a plat under Section 232.024, the commissioners court shall
require the subdivider of the tract to execute and maintain in
effect a bond or, in the alternative, a person may make a cash
deposit in an amount the commissioners court determines will ensure
compliance with this subchapter. A person may not meet the
requirements of this subsection through the use of a letter of
credit unless that letter of credit is irrevocable and issued by an
institution guaranteed by the FDIC. The subdivider must comply with
the requirement before subdividing the tract.
(b) The bond must be conditioned on the construction or
installation of water and sewer service facilities that will be in
compliance with the model rules adopted under Section 16.343, Water
Code.
(c) Subsections (a) and (b) do not apply if a purchase
contract includes a written agreement that the purchaser assumes
the responsibility of sewer facilities under this subchapter. Such
agreement shall include a statement substantially similar to the
following:
"Buyer shall assume all financial responsibility to ensure
sewer facility compliance under Subchapter B, Chapter 232, Local
Government Code regarding subdivision platting requirements and
with the model rules adopted under Section 16.343, Water Code."
SECTION 3. Section 232.033, Local Government Code, is
amended by amending Subsection (h) to read as follows:
(h) A person who is a seller of lots in a subdivision, or a
subdivider [or an agent of a seller or subdivider], commits an
offense if the person knowingly authorizes or assists in the
publication, advertising, distribution, or circulation of any
statement or representation that the person knows is false
concerning any subdivided land offered for sale or lease. An
offense under this section is a Class A misdemeanor.
SECTION 4. Section 232.035 (a),(b) and (c), Local
Government Code is amended to read as follows:
Sec. 232.035. CIVIL PENALTIES. (a) A subdivider [or an
agent of a subdivider] may not cause, suffer, allow, or permit a lot
to be sold in a subdivision if the subdivision has not been platted
as required by this subchapter.
(b) Notwithstanding any other remedy at law or equity, a
subdivider [or an agent of a subdivider] may not cause, suffer,
allow, or permit any part of a subdivision over which the subdivider
or an agent of the subdivider has control, or a right of ingress and
egress, to become a public health nuisance as defined by Section
341.011, Health and Safety Code.
(c) A subdivider who fails to provide, in the time and
manner described in the plat, for the construction or installation
of water or sewer service facilities described on the plat or on the
document attached to the plat or who otherwise violates this
subchapter or a rule or requirement adopted by the commissioners
court under this subchapter is subject to a civil penalty of not
less than $250 [500] or more than $500 [1,000] for each violation
and for each day of a continuing violation but not to exceed $2500
[5,000] each day and shall also pay court costs, investigative
costs, and attorney's fees for the governmental entity bringing the
suit.
SECTION 5. This Act takes effect September 1, 2023.