88R17157 TYPED
By: Hinojosa S.B. No. 2061
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. This Act takes effect September 1, 2023.