Texas 2023 - 88th Regular

Texas House Bill HB4108 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R23742 DRS-F
2	2	By: Guillen, Gamez, et al. H.B. No. 4108
3	3	Substitute the following for H.B. No. 4108:
4	4	By: Burns C.S.H.B. No. 4108
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to subdivision plat requirements.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 232.0015(f), Local Government Code, is
12	12	amended to read as follows:
13	13	(f) A county may not require the owner of a tract of land
14	14	located outside the limits of a municipality who divides the tract
15	15	into two or more parts to have a plat of the subdivision prepared
16	16	if:
17	17	(1) all of the lots of the subdivision are [more than]
18	18	10 or more acres in area; and
19	19	(2) the owner does not lay out a part of the tract
20	20	described by Section 232.001(a)(3).
21	21	SECTION 2. Sections 232.022(b) and (d), Local Government
22	22	Code, are amended to read as follows:
23	23	(b) This subchapter applies only to land that is subdivided
24	24	into two or more lots that are intended primarily for residential
25	25	use in the jurisdiction of the county. A lot is presumed to be
26	26	intended for residential use if the lot is less than five acres [or
27	27	less]. This subchapter does not apply if the subdivision:
28	28	(1) is incident to the conveyance of the land as a gift
29	29	between persons related to each other within the third degree by
30	30	affinity or consanguinity, as determined under Chapter 573,
31	31	Government Code; or
32	32	(2) has received an exemption from a county under
33	33	Section 16.350(d), Water Code.
34	34	(d) This subchapter does not apply if all of the lots of the
35	35	subdivision are [more than] 10 acres or more.
36	36	SECTION 3. Section 232.023(a), Local Government Code, is
37	37	amended to read as follows:
38	38	(a) A subdivider of land must have a plat of the subdivision
39	39	prepared if at least one of the lots of the subdivision is less than
40	40	five acres [or less]. A commissioners court by order may require
41	41	each subdivider of land to prepare a plat if none of the lots is less
42	42	than five acres [or less] but at least one of the lots of a
43	43	subdivision is [more than] five acres or more but less [not more]
44	44	than 10 acres.
45	45	SECTION 4. Subchapter B, Chapter 232, Local Government
46	46	Code, is amended by adding Section 232.0231 to read as follows:
47	47	Sec. 232.0231. EXCEPTIONS TO PLAT REQUIREMENT. (a) A
48	48	county may not require the owner of a tract of land located outside
49	49	the limits of a municipality who divides the tract into two or more
50	50	parts to have a plat of the subdivision prepared if:
51	51	(1) the owner does not lay out a part of the tract
52	52	described by Section 232.001(a)(3); or
53	53	(2) the lots are sold to adjoining landowners.
54	54	(b) A county may, in its sole discretion and on a
55	55	determination that good cause exists, grant an exception to the
56	56	plat requirements of this subchapter for an individual lot that the
57	57	county determines:
58	58	(1) is located within 700 feet of a connection to a
59	59	municipal water service;
60	60	(2) is adjacent to a public road;
61	61	(3) has sufficient space to accommodate a sewer
62	62	service facility that complies with the model rules adopted under
63	63	Section 16.343, Water Code; and
64	64	(4) a civil engineer registered to practice in this
65	65	state has certified the lot:
66	66	(A) has adequate drainage; and
67	67	(B) is not in a floodplain.
68	68	SECTION 5. Section 232.027, Local Government Code, is
69	69	amended to read as follows:
70	70	Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by
71	71	Subsection (c), unless [Unless] a person has completed the
72	72	installation of all water and sewer service facilities and roads
73	73	and streets required by this subchapter on the date that person
74	74	applies for final approval of a plat under Section 232.024, the
75	75	commissioners court shall require the subdivider of the tract to
76	76	execute and maintain in effect a bond or, in the alternative, a
77	77	person may make a cash deposit in an amount the commissioners court
78	78	determines will ensure compliance with this subchapter. A person
79	79	may not meet the requirements of this subsection through the use of
80	80	a letter of credit unless that letter of credit is irrevocable and
81	81	issued by an institution guaranteed by the FDIC. The subdivider
82	82	must comply with the requirement before subdividing the tract.
83	83	(b) A [The] bond required by this section must:
84	84	(1) for a bond for construction of water and sewer
85	85	service facilities, be conditioned on the construction or
86	86	installation of [water and sewer service] facilities that will be
87	87	in compliance with the model rules adopted under Section 16.343,
88	88	Water Code; or
89	89	(2) for a bond for construction of roads and streets,
90	90	meet the requirements of Section 232.004.
91	91	(c) The commissioners court may, in its sole discretion,
92	92	allow a person to stop maintaining a bond for construction of sewer
93	93	service facilities under this section if:
94	94	(1) the person has completed the installation of all
95	95	water facilities and roads and streets required by this subchapter;
96	96	and
97	97	(2) the person delivers to the commissioners court an
98	98	affidavit as described by Subsection (d) from each owner of a lot
99	99	that does not have an installed sewer service facility.
100	100	(d) The affidavit under Subsection (c)(2) must include
101	101	language substantially similar to the following:
102	102	"I understand that I may not be eligible to receive
103	103	water or electricity service unless I install a septic facility on
104	104	my lot. I voluntarily assume all financial responsibility to hire a
105	105	licensed installer to install an on-site sewage facility that
106	106	complies with Subchapter B, Chapter 232, Local Government Code,
107	107	regarding subdivision platting requirements; with the model rules
108	108	adopted under Section 16.343(c), Water Code, regarding septic
109	109	systems; with Chapter 366, Health and Safety Code; and with the
110	110	Construction Standards for On-Site Sewage Facilities adopted by the
111	111	Texas Commission on Environmental Quality and other law and rules
112	112	applicable to sewage facilities."
113	113	SECTION 6. Section 232.0315(b), Local Government Code, is
114	114	amended to read as follows:
115	115	(b) A county shall include in the public notice of sale of
116	116	the property and the deed conveying the property a statement
117	117	substantially similar to the following:
118	118	"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR
119	119	JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND
120	120	INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.
121	121	"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY
122	122	WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE
123	123	SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT
124	124	THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR
125	125	FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.
126	126	"IN SOME SITUATIONS, A LOT OF LESS THAN FIVE ACRES [OR LESS]
127	127	IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE
128	128	PROPERTY LACKS WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT
129	129	QUALIFY FOR RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE
130	130	INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH
131	131	PRIVATE COUNSEL."
132	132	SECTION 7. Section 232.033, Local Government Code, is
133	133	amended by adding Subsection (i) to read as follows:
134	134	(i) A person who holds a real estate broker's or sales
135	135	agent's license under Chapter 1101, Occupations Code, acting in the
136	136	person's capacity as a real estate broker or sales agent is not an
137	137	agent of a seller or subdivider for purposes of this section.
138	138	SECTION 8. Section 232.035, Local Government Code, is
139	139	amended by adding Subsection (g) to read as follows:
140	140	(g) A person who holds a real estate broker's or sales
141	141	agent's license under Chapter 1101, Occupations Code, acting in the
142	142	person's capacity as a real estate broker or sales agent is not an
143	143	agent of a seller or subdivider for purposes of this section.
144	144	SECTION 9. Section 232.072(a), Local Government Code, is
145	145	amended to read as follows:
146	146	(a) The owner of a tract of land that divides the tract in
147	147	any manner that creates at least one lot of less than five acres [or
148	148	less] intended for residential purposes must have a plat of the
149	149	subdivision prepared. A commissioners court by order may require
150	150	each subdivider of land to prepare a plat if none of the lots is less
151	151	than five acres [or less] but at least one of the lots of the
152	152	subdivision is [more than] five acres or more but less [not more]
153	153	than 10 acres.
154	154	SECTION 10. Section 232.080, Local Government Code, is
155	155	amended by adding Subsection (d) to read as follows:
156	156	(d) A court having jurisdiction of an enforcement action
157	157	under this section shall dismiss the action if the defendant:
158	158	(1) remedies the violation that is the subject of the
159	159	enforcement action not later than the 45th day after the date the
160	160	defendant receives notice of the action; and
161	161	(2) shows good cause for the dismissal.
162	162	SECTION 11. Section 16.350(d), Water Code, is amended to
163	163	read as follows:
164	164	(d) A county or municipality that receives funds or
165	165	financial assistance under Section 15.407 of this code or
166	166	Subchapter K, Chapter 17, of this code may grant an exemption for a
167	167	subdivision from the requirements of the model rules only if:
168	168	(1) the county or municipality supplies the
169	169	subdivision with water supply and sewer services that meet the
170	170	standards of the model rules; or
171	171	(2) the subdivision involves four or fewer lots that:
172	172	(A) front an existing street that meets the
173	173	standards adopted by the county or municipality and does not
174	174	require the creation of any new street; and
175	175	(B) have access to an existing water supply and
176	176	sewer service that meets the standards of the model rules and does
177	177	not require the extension of water or sewer facilities.
178	178	SECTION 12. This Act takes effect September 1, 2023.