| 1 | 1 | | 88R17157 TYPED |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 2061 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the modification of model subdivision rules. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 232.022, Local Government Code is |
|---|
| 10 | 10 | | amended by adding Subsection (e) to read as follows: |
|---|
| 11 | 11 | | (e) This subchapter does not apply if all lots of the |
|---|
| 12 | 12 | | subdivision are no less than .50 acres and the county makes a |
|---|
| 13 | 13 | | determination that: |
|---|
| 14 | 14 | | (1) there is access to municipal water within 700 feet |
|---|
| 15 | 15 | | of the property line; |
|---|
| 16 | 16 | | (2) the property abuts a road and there are no |
|---|
| 17 | 17 | | landlocked partitions; |
|---|
| 18 | 18 | | (3) there is adequate space on the partitioned |
|---|
| 19 | 19 | | property to accommodate a septic tank or access to a sewer system; |
|---|
| 20 | 20 | | and |
|---|
| 21 | 21 | | (4) A civil engineer has certified that the property |
|---|
| 22 | 22 | | is not in a flood plain and adequate drainage exists for the |
|---|
| 23 | 23 | | partitioned lots. |
|---|
| 24 | 24 | | SECTION 2. Section 232.027, Local Government Code, is |
|---|
| 25 | 25 | | amended to read as follows: |
|---|
| 26 | 26 | | Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by |
|---|
| 27 | 27 | | Subsection (c), unless [Unless] a person has completed the |
|---|
| 28 | 28 | | installation of all water and sewer service facilities required by |
|---|
| 29 | 29 | | this subchapter on the date that person applies for final approval |
|---|
| 30 | 30 | | of a plat under Section 232.024, the commissioners court shall |
|---|
| 31 | 31 | | require the subdivider of the tract to execute and maintain in |
|---|
| 32 | 32 | | effect a bond or, in the alternative, a person may make a cash |
|---|
| 33 | 33 | | deposit in an amount the commissioners court determines will ensure |
|---|
| 34 | 34 | | compliance with this subchapter. A person may not meet the |
|---|
| 35 | 35 | | requirements of this subsection through the use of a letter of |
|---|
| 36 | 36 | | credit unless that letter of credit is irrevocable and issued by an |
|---|
| 37 | 37 | | institution guaranteed by the FDIC. The subdivider must comply |
|---|
| 38 | 38 | | with the requirement before subdividing the tract. |
|---|
| 39 | 39 | | (b) The bond must be conditioned on the construction or |
|---|
| 40 | 40 | | installation of water and sewer service facilities that will be in |
|---|
| 41 | 41 | | compliance with the model rules adopted under Section 16.343, Water |
|---|
| 42 | 42 | | Code. |
|---|
| 43 | 43 | | (c) Subsections (a) and (b) do not apply if a purchase |
|---|
| 44 | 44 | | contract includes a written agreement that the purchaser assumes |
|---|
| 45 | 45 | | the responsibility of sewer facilities under this subchapter. Such |
|---|
| 46 | 46 | | agreement shall include a statement substantially similar to the |
|---|
| 47 | 47 | | following: |
|---|
| 48 | 48 | | "Buyer shall assume all financial responsibility to ensure |
|---|
| 49 | 49 | | sewer facility compliance under Subchapter B, Chapter 232, Local |
|---|
| 50 | 50 | | Government Code regarding subdivision platting requirements and |
|---|
| 51 | 51 | | with the model rules adopted under Section 16.343, Water Code." |
|---|
| 52 | 52 | | SECTION 3. Section 232.033, Local Government Code, is |
|---|
| 53 | 53 | | amended by amending Subsection (h) to read as follows: |
|---|
| 54 | 54 | | (h) A person who is a seller of lots in a subdivision, or a |
|---|
| 55 | 55 | | subdivider [or an agent of a seller or subdivider], commits an |
|---|
| 56 | 56 | | offense if the person knowingly authorizes or assists in the |
|---|
| 57 | 57 | | publication, advertising, distribution, or circulation of any |
|---|
| 58 | 58 | | statement or representation that the person knows is false |
|---|
| 59 | 59 | | concerning any subdivided land offered for sale or lease. An |
|---|
| 60 | 60 | | offense under this section is a Class A misdemeanor. |
|---|
| 61 | 61 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|