Texas 2025 - 89th Regular

Texas House Bill HB3680 Compare Versions

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1	1		By: Gámez H.B. No. 3680
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to subdivision plat requirements in certain counties.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 232.0015(b), Local Government Code, is
9	11		amended to read as follows:
10	12		(b) Except as provided by Section 232.0013, this subchapter
11	13		does not apply to a subdivision of land to which Subchapter B or
12	14		Subchapter G applies.
13	15		SECTION 2. Section 232.022, Local Government Code, is
14	16		amended by amending Subsection (a) and adding Subsection (a-1) to
15	17		read as follows:
16	18		(a) Except as provided by Subsection (a-1), this [This]
17	19		subchapter applies only to:
18	20		(1) a county any part of which is located within 50
19	21		miles of an international border; or
20	22		(2) a county:
21	23		(A) any part of which is located within 100 miles
22	24		of an international border;
23	25		(B) that contains the majority of the area of a
24	26		municipality with a population of more than 250,000; and
25	27		(C) to which Subdivision (1) does not apply.
26	28		(a-1) This subchapter does not apply to a county that
27	29		borders:
28	30		(1) the United Mexican States; and
29	31		(2) the Gulf of Mexico.
30	32		SECTION 3. Section 232.071, Local Government Code, is
31	33		amended to read as follows:
32	34		Sec. 232.071. APPLICABILITY. This subchapter applies only
33	35		to the subdivision of land located:
34	36		(1) outside the corporate limits of a municipality;
35	37		and
36	38		(2) in a county:
37	39		(A) in which is located a political subdivision
38	40		that is eligible for and has applied for financial assistance under
39	41		Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
40	42		Code; and
41	43		(B) to which Subchapters [Subchapter] B and G do
42	44		[does] not apply.
43	45		SECTION 4. Chapter 232, Local Government Code, is amended
44	46		by adding Subchapter G to read as follows:
45	47		SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN
46	48		COUNTIES
47	49		Sec. 232.201. DEFINITIONS. In this subchapter:
48	50		(1) "Board" means the Texas Water Development Board.
49	51		(2) "Common promotional plan" means any plan or scheme
50	52		of operation undertaken by a single subdivider or a group of
51	53		subdividers acting in concert, either personally or through an
52	54		agent, to offer for sale or lease lots when the land is:
53	55		(A) contiguous or part of the same area of land;
54	56		or
55	57		(B) known, designated, or advertised as a common
56	58		unit or by a common name.
57	59		(3) "Executive administrator" means the executive
58	60		administrator of the Texas Water Development Board.
59	61		(4) "Floodplain" means any area in the 100-year
60	62		floodplain that is susceptible to being inundated by water from any
61	63		source or that is identified by the Federal Emergency Management
62	64		Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
63	65		Sections 4001 through 4127).
64	66		(5) "Lease" includes an offer to lease.
65	67		(6) "Lot" means a parcel into which land is divided.
66	68		(7) "Lot of record" means:
67	69		(A) a lot, the boundaries of which were
68	70		established by a plat recorded in the office of the county clerk
69	71		before September 1, 1989, that has not been subdivided after
70	72		September 1, 1989; or
71	73		(B) a lot, the boundaries of which were
72	74		established by a metes and bounds description in a deed of
73	75		conveyance, a contract of sale, or other executory contract to
74	76		convey real property that has been legally executed and recorded in
75	77		the office of the county clerk before September 1, 1989, that has
76	78		not been subdivided after September 1, 1989.
77	79		(8) "Minimum state standards" means the minimum
78	80		standards set out for:
79	81		(A) adequate drinking water by or under Section
80	82		16.343(b)(1), Water Code;
81	83		(B) adequate sewer facilities by or under Section
82	84		16.343(c)(1), Water Code; or
83	85		(C) the treatment, disposal, and management of
84	86		solid waste by or under Chapters 361 and 364, Health and Safety
85	87		Code.
86	88		(9) "Plat" means a map, chart, survey, plan, or replat
87	89		containing a description of the subdivided land with ties to
88	90		permanent landmarks or monuments.
89	91		(10) "Sell" includes an offer to sell.
90	92		(11) "Sewer," "sewer services," or "sewer facilities"
91	93		means treatment works as defined by Section 17.001, Water Code, or
92	94		individual, on-site, or cluster treatment systems such as septic
93	95		tanks and includes drainage facilities and other improvements for
94	96		proper functioning of septic tank systems.
95	97		(12) "Subdivide" means to divide the surface area of
96	98		land into lots.
97	99		(13) "Subdivider" means an individual, firm,
98	100		corporation, or other legal entity that directly or indirectly
99	101		subdivides land into lots for sale or lease as part of a common
100	102		promotional plan in the ordinary course of business.
101	103		(14) "Subdivision" means an area of land that has been
102	104		subdivided into lots for sale or lease.
103	105		(15) "Utility" means a person, including a legal
104	106		entity or political subdivision, that provides the services of:
105	107		(A) an electric utility, as defined by Section
106	108		31.002, Utilities Code;
107	109		(B) a gas utility, as defined by Section 101.003,
108	110		Utilities Code; and
109	111		(C) a water and sewer utility, as defined by
110	112		Section 13.002, Water Code.
111	113		Sec. 232.202. APPLICABILITY. (a) This subchapter applies
112	114		only to a county that borders:
113	115		(1) the United Mexican States; and
114	116		(2) the Gulf of Mexico.
115	117		(b) This subchapter applies only to land that is subdivided
116	118		into two or more lots where at least one lot is less than five acres.
117	119		This subchapter does not apply if the subdivision:
118	120		(1) is incident to the conveyance of the land as a gift
119	121		between persons related to each other within the third degree by
120	122		affinity or consanguinity, as determined under Chapter 573,
121	123		Government Code;
122	124		(2) has received an exemption from a county under
123	125		Section 16.350(d), Water Code.
124	126		(c) Except as provided by Subsection (c-1), for purposes of
125	127		this section, land is considered to be in the jurisdiction of a
126	128		county if the land is located in the county and outside the
127	129		corporate limits of municipalities.
128	130		(d) Land in a municipality's extraterritorial jurisdiction
129	131		is not considered to be in the jurisdiction of a county for
130	132		purposes of this section if the municipality and the county have
131	133		entered into a written agreement under Section 242.001 that
132	134		authorizes the municipality to regulate subdivision plats and
133	135		approve related permits in the municipality's extraterritorial
134	136		jurisdiction.
135	137		(e) This subchapter does not apply if all of the lots of the
136	138		subdivision are 5 acres or more.
137	139		Sec. 232.203. PLAT REQUIRED. (a) A subdivider of land must
138	140		have a plat of the subdivision prepared if at least one of the lots
139	141		of the subdivision is less than five acres. A commissioners court
140	142		may require each subdivider of land to prepare a plat if none of the
141	143		lots is less than five acres but at least one of the lots of a
142	144		subdivision is five acres or more but less than 10 acres under the
143	145		provisions and general platting requirements of Subchapter A.
144	146		(b) A subdivision of a tract under this section includes a
145	147		subdivision of real property by any method of conveyance, including
146	148		a contract for deed, oral contract, contract of sale, or other type
147	149		of executory contract, regardless of whether the subdivision is
148	150		made by using a metes and bounds description.
149	151		(c) A plat required under this section must:
150	152		(1) be certified by a surveyor or engineer registered
151	153		to practice in this state;
152	154		(2) define the subdivision by metes and bounds;
153	155		(3) locate the subdivision with respect to an original
154	156		corner of the original survey of which it is a part;
155	157		(4) describe each lot, number each lot in progression,
156	158		and give the dimensions of each lot;
157	159		(5) state the dimensions of and accurately describe
158	160		each lot, street, alley, square, park, or other part of the tract
159	161		intended to be dedicated to public use or for the use of purchasers
160	162		or owners of lots fronting on or adjacent to the street, alley,
161	163		square, park, or other part;
162	164		(6) include or have attached a document containing a
163	165		description in English and Spanish of the water and sewer
164	166		facilities and roadways and easements dedicated for the provision
165	167		of water and sewer facilities that will be constructed or installed
166	168		to service the subdivision and a statement specifying the date by
167	169		which the facilities will be fully operable;
168	170		(7) have attached a document prepared by an engineer
169	171		registered to practice in this state certifying that the water and
170	172		sewer service facilities proposed under Subdivision (6) are in
171	173		compliance with the model rules adopted under Section 16.343, Water
172	174		Code, and a certified estimate of the cost to install water and
173	175		sewer service facilities;
174	176		(8) provide for drainage in the subdivision to:
175	177		(A) avoid concentration of storm drainage water
176	178		from each lot to adjacent lots;
177	179		(B) provide positive drainage away from all
178	180		buildings; and
179	181		(C) coordinate individual lot drainage with the
180	182		general storm drainage pattern for the area;
181	183		(9) include a description of the drainage requirements
182	184		as provided in Subdivision (8);
183	185		(10) identify the topography of the area;
184	186		(11) include a certification by a surveyor or engineer
185	187		registered to practice in this state describing any area of the
186	188		subdivision that is in a floodplain or stating that no area is in a
187	189		floodplain; and
188	190		(12) include certification that the subdivider has
189	191		complied with the requirements of Section 232.212 and that:
190	192		(A) the water quality and connections to the lots
191	193		meet, or will meet, the minimum state standards;
192	194		(B) sewer connections to the lots or septic tanks
193	195		meet, or will meet, the minimum requirements of state standards;
194	196		(C) electrical connections provided to the lot
195	197		meet, or will meet, the minimum state standards; and
196	198		(D) gas connections, if available, provided to
197	199		the lot meet, or will meet, the minimum state standards.
198	200		(d) A subdivider may meet the requirements of Subsection
199	201		(b)(12)(B) through the use of a certificate issued by the
200	202		appropriate county or state official having jurisdiction over the
201	203		approval of septic systems stating that lots in the subdivision can
202	204		be adequately and legally served by septic systems.
203	205		(e) The subdivider of the tract must acknowledge the plat by
204	206		signing the plat and attached documents and attest to the veracity
205	207		and completeness of the matters asserted in the attached documents
206	208		and in the plat.
207	209		(f) The plat must be filed and recorded with the county
208	210		clerk of the county in which the tract is located. The plat is
209	211		subject to the filing and recording provisions of Section 12.002,
210	212		Property Code.
211	213		(g) The commissioners court may require a plat application
212	214		submitted for approval to include a digital map that is compatible
213	215		with other mapping systems used by the county and that
214	216		georeferences the subdivision plat and related public
215	217		infrastructure using the Texas Coordinate Systems adopted under
216	218		Section 21.071, Natural Resources Code. A digital map required
217	219		under this subsection may be required only in a format widely used
218	220		by common geographic information system software. A requirement
219	221		adopted under this subsection must provide for an exemption from
220	222		the requirement if the subdivider of the tract submits with the
221	223		plat application an acknowledged statement indicating that the
222	224		digital mapping technology necessary to submit a map that complies
223	225		with this subsection was not reasonably accessible.
224	226		Sec. 232.2031. EXCEPTIONS TO PLAT REQUIREMENT. (a) A
225	227		county may not require the owner of a tract of land located outside
226	228		the limits of a municipality who divides the tract into two or more
227	229		parts to have a plat of the subdivision prepared if:
228	230		(1) the lots are sold to adjoining landowners; and
229	231		(2) the lots are added to the adjoining parcel of land
230	232		owned by the purchasers.
231	233		(b) The purchaser of a lot described by Subsection (a) shall
232	234		provide to the commissioners court a metes and bounds description
233	235		of the adjoining parcel of land owned by the purchaser that has
234	236		been updated to reflect the addition of the purchased lot to the
235	237		adjoining parcel of land.
236	238		(c) A county may, subject to Subsection (d), in its sole
237	239		discretion and on a determination that good cause exists, grant an
238	240		exception to the plat requirements of this subchapter for an
239	241		individual lot that the county determines:
240	242		(1) is located within 50 feet of a service connection
241	243		to an existing public water system;
242	244		(2) is adjacent to a public road;
243	245		(3) has either:
244	246		(A) sufficient space to accommodate a sewer
245	247		service facility that complies with the model rules adopted under
246	248		Section 16.343, Water Code; or
247	249		(B) a connection for service to an existing
248	250		public sewer service within 50 feet.
249	251		(4) a civil engineer registered to practice in this
250	252		state and not affiliated with the owner of the lot has certified:
251	253		(A) has adequate drainage; and
252	254		(B) is not in a floodplain.
253	255		(d) Before granting an exception under Subsection (c), the
254	256		commissioners court must make a finding that specifies the reasons
255	257		for the court's determination that:
256	258		(1) good cause exists to grant the exception; and
257	259		(2) the lot meets the requirements for the exception
258	260		under Subsection (c).
259	261		(e) The commissioners court shall enter in the record of the
260	262		court's proceedings:
261	263		(1) the court's findings under Subsection (d); and
262	264		(2) the information submitted to the court to support
263	265		the court's determination under Subsection (c).
264	266		(f) The commissioners court may adopt rules and procedures
265	267		necessary to administer and enforce these exemptions.
266	268		Sec. 232.204. APPROVAL BY COUNTY REQUIRED. (a) A plat filed
267	269		under Section 232.203 is not valid unless the commissioners court
268	270		of the county in which the land is located approves the plat by an
269	271		order entered in the minutes of the court. The commissioners court
270	272		shall refuse to approve a plat if it does not meet the requirements
271	273		prescribed by or under this subchapter or if any bond required under
272	274		this subchapter is not filed with the county clerk.
273	275		(b) If any part of a plat applies to land intended for
274	276		residential housing and any part of that land lies in a floodplain,
275	277		the commissioners court shall not approve the plat unless:
276	278		(1) the subdivision is developed in compliance with
277	279		the minimum requirements of the National Flood Insurance Program
278	280		and local regulations or orders adopted under Section 16.315, Water
279	281		Code; and
280	282		(2) the plat evidences a restrictive covenant
281	283		prohibiting the construction of residential housing in any area of
282	284		the subdivision that is in a floodplain unless the housing is
283	285		developed in compliance with the minimum requirements of the
284	286		National Flood Insurance Program and local regulations or orders
285	287		adopted under Section 16.315, Water Code.
286	288		(c) On request, the county clerk shall provide the attorney
287	289		general or the Texas Water Development Board:
288	290		(1) a copy of each plat that is approved under this
289	291		subchapter; or
290	292		(2) the reasons in writing and any documentation that
291	293		support a variance granted under Section 232.202.
292	294		(d) The commissioners court of the county in which the land
293	295		is located may establish a planning commission as provided by
294	296		Subchapter D. The planning commission, including its findings and
295	297		decisions, is subject to the same provisions applicable to the
296	298		commissioners court under this subchapter, including Section
297	299		232.214 relating to conflicts of interest.
298	300		Sec. 232.2041. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
299	301		The commissioners court of a county or the court's designee may
300	302		designate to one or more officers or employees of the county the
301	303		authority to approve, approve with conditions, or disapprove a
302	304		plat:
303	305		(1) amending plats described in Sec. 232.011; or
304	306		(2) involving four or fewer lots that all meet the
305	307		requirements Sec. 232.2031(c).
306	308		(b) An applicant has the right to appeal to the
307	309		commissioners court or the court's designee if the designated
308	310		person or persons disapprove a plat.
309	311		Sec. 232.205. SUBDIVISION REQUIREMENTS. By an order
310	312		adopted and entered in the minutes of the commissioners court, and
311	313		after a notice is published in English and Spanish in a newspaper of
312	314		general circulation in the county, the commissioners court shall
313	315		for each subdivision:
314	316		(1) require a right-of-way on a street or road that
315	317		functions as a main artery in a subdivision, of a width of not less
316	318		than 50 feet or more than 100 feet;
317	319		(2) require a right-of-way on any other street or road
318	320		in a subdivision of not less than 40 feet or more than 70 feet;
319	321		(3) require that the shoulder-to-shoulder width on
320	322		collectors or main arteries within the right-of-way be not less
321	323		than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
322	324		width on any other street or road be not less than 25 feet or more
323	325		than 35 feet;
324	326		(4) adopt, based on the amount and kind of travel over
325	327		each street or road in a subdivision, reasonable specifications
326	328		relating to the construction of each street or road;
327	329		(5) adopt reasonable specifications to provide
328	330		adequate drainage for each street or road in a subdivision in
329	331		accordance with standard engineering practices;
330	332		(6) require that each purchase contract made between a
331	333		subdivider and a purchaser of land in the subdivision contain a
332	334		statement describing how and when water, sewer, electricity, and
333	335		gas services will be made available to the subdivision; and
334	336		(7) require that the subdivider of the tract execute a
335	337		bond in the manner provided by Section 232.207.
336	338		Sec. 232.206. WATER AND SEWER SERVICE EXTENSION. (a) The
337	339		commissioners court may extend, beyond the date specified on the
338	340		plat or on the document attached to the plat, the date by which the
339	341		water and sewer service facilities must be fully operable if the
340	342		commissioners court finds the extension is reasonable and not
341	343		contrary to the public interest.
342	344		(b) The commissioners court may not grant an extension under
343	345		Subsection (a) if it would allow an occupied residence to be without
344	346		water or sewer services.
345	347		(c) If the commissioners court provides an extension, the
346	348		commissioners court shall notify the attorney general of the
347	349		extension and the reason for the extension. The attorney general
348	350		shall notify all other state agencies having enforcement power over
349	351		subdivisions of the extension.
350	352		Sec. 232.207. BOND REQUIREMENTS. (a) Except as provided by
351	353		Subsection (c), unless a person has completed the installation of
352	354		all water and sewer service facilities required by this subchapter
353	355		on the date that person applies for final approval of a plat under
354	356		Section 232.204, the commissioners court shall require the
355	357		subdivider of the tract to execute and maintain in effect a bond or,
356	358		in the alternative, a person may make a cash deposit in an amount
357	359		the commissioners court determines will ensure compliance with this
358	360		subchapter. A person may not meet the requirements of this
359	361		subsection through the use of a letter of credit unless that letter
360	362		of credit is irrevocable and issued by an institution guaranteed by
361	363		the FDIC. The subdivider must comply with the requirement before
362	364		subdividing the tract.
363	365		(b) A bond required by this section must, for a bond for
364	366		construction of water and sewer service facilities, be conditioned
365	367		on the construction or installation facilities that will be in
366	368		compliance with the model rules adopted under Section 16.343, Water
367	369		Code.
368	370		(c) The commissioners court may, in its sole discretion,
369	371		allow a person to stop maintaining a bond for construction of sewer
370	372		service facilities under this section for a lot that does not have
371	373		an installed sewer service facility if:
372	374		(1) the person has completed the installation of all
373	375		water facilities and roads and streets required by this subchapter;
374	376		(2) the owner of the lot has not resided on the lot for
375	377		a period of 60 months after the date of execution of the deed to the
376	378		owner;
377	379		(3) the person delivers to the commissioners court an
378	380		affidavit as described by Subsection (d) from the owner; and
379	381		(4) the lot has sufficient space to accommodate
380	382		private sewage facilities in accordance with Chapter 366, Health
381	383		and Safety Code, and the Construction Standards for On-Site
382	384		Sewerage Facilities adopted by the commission and other law and
383	385		rules applicable to sewage facilities.
384	386		(d) The affidavit under Subsection (c)(3) must include
385	387		language substantially similar to the following:
386	388		"I understand that the seller of my lot is obligated to
387	389		install an on-site sewage facility on the lot or maintain a bond for
388	390		the installation of an on-site sewage facility for a period of 60
389	391		months after the date I purchased the lot. I affirm that I have not
390	392		resided on my lot for the previous 60 months. I understand that I
391	393		may not be eligible to receive water or electricity service unless I
392	394		install a septic facility on my lot. I voluntarily assume all
393	395		financial responsibility to hire a licensed installer to install an
394	396		on-site sewage facility that complies with:
395	397		(1) Subchapter G, Chapter 232, Local Government Code,
396	398		regarding subdivision platting requirements;
397	399		(2) the model rules adopted under Section 16.343(c),
398	400		Water Code, regarding septic systems;
399	401		(3) Chapter 366, Health and Safety Code; and
400	402		(4) the Construction Standards for On-Site Sewage
401	403		Facilities adopted by the Texas Commission on Environmental Quality
402	404		and other law and rules applicable to sewage facilities."
403	405		Sec. 232.208. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
404	406		REQUIREMENTS. (a) On the approval of a plat by the commissioners
405	407		court, the commissioners court shall issue to the person applying
406	408		for the approval a certificate stating that the plat has been
407	409		reviewed and approved by the commissioners court.
408	410		(b) On the commissioners court's own motion or on the
409	411		written request of a subdivider, an owner or resident of a lot in a
410	412		subdivision, or an entity that provides a utility service, the
411	413		commissioners court shall make the following determinations
412	414		regarding the land in which the entity or commissioners court is
413	415		interested that is located within the jurisdiction of the county:
414	416		(1) whether a plat has been prepared and whether it has
415	417		been reviewed and approved by the commissioners court;
416	418		(2) whether water service facilities have been
417	419		constructed or installed to service the lot or subdivision under
418	420		Section 232.203 and are fully operable;
419	421		(3) whether sewer service facilities have been
420	422		constructed or installed to service the lot or subdivision under
421	423		Section 232.203 and are fully operable, or if septic systems are
422	424		used, whether the lot is served by a permitted on-site sewage
423	425		facility or lots in the subdivision can be adequately and legally
424	426		served by septic systems under Section 232.203; and
425	427		(4) whether electrical and gas facilities, if
426	428		available, have been constructed or installed to service the lot or
427	429		subdivision under Section 232.203.
428	430		(c) The request made under Subsection (b) must identify the
429	431		land that is the subject of the request.
430	432		(d) Whenever a request is made under Subsection (b), the
431	433		commissioners court shall issue the requesting party a written
432	434		certification of its determinations under that subsection.
433	435		(e) The commissioners court shall make its determinations
434	436		within 20 days after the date it receives the request under
435	437		Subsection (b) and shall issue the certificate, if appropriate,
436	438		within 10 days after the date the determinations are made.
437	439		(f) The commissioners court may adopt rules it considers
438	440		necessary to administer its duties under this section.
439	441		(g) The commissioners court may impose a fee for a
440	442		certificate issued under this section for a subdivision which is
441	443		located in the county and not within the limits of a municipality.
442	444		The amount of the fee may be the greater of $30 or the amount of the
443	445		fee imposed by the municipality for a subdivision that is located
444	446		entirely in the extraterritorial jurisdiction of the municipality
445	447		for a certificate issued under Section 212.0115. A person who
446	448		obtains a certificate under this section is not required to obtain a
447	449		certificate under Section 212.0115.
448	450		Sec. 232.209. CONNECTION OF UTILITIES. (a) Except as
449	451		provided by Subsection (c) or Section 232.217(c), a utility may not
450	452		serve or connect any subdivided land with water or sewer services
451	453		unless the utility receives a certificate issued by the
452	454		commissioners court under Section 232.208(a) or receives a
453	455		determination from the commissioners court under Section
454	456		232.208(b)(1) that the plat has been reviewed and approved by the
455	457		commissioners court.
456	458		(b) An electric, gas, water, or sewer service utility may
457	459		serve or connect subdivided land with water, sewer, electricity,
458	460		gas, or other utility service regardless of whether the utility
459	461		receives a certificate issued by the commissioners court under
460	462		Section 232.208(a) or receives a determination from the
461	463		commissioners court under Section 232.208(b) if the utility is
462	464		provided with a certificate issued by the commissioners court that
463	465		states that:
464	466		(1) the subdivided land:
465	467		(A) was sold or conveyed by a subdivider by any
466	468		means of conveyance, including a contract for deed or executory
467	469		contract:
468	470		(i) before September 1, 1995; or
469	471		(ii) before September 1, 1999, if the
470	472		subdivided land on August 31, 1999, was located in the
471	473		extraterritorial jurisdiction of a municipality as determined by
472	474		Chapter 42;
473	475		(B) has not been subdivided after September 1,
474	476		1995, or September 1, 1999, as applicable under Paragraph (A);
475	477		(C) is the site of construction of a residence,
476	478		evidenced by at least the existence of a completed foundation, that
477	479		was begun on or before May 1, 2003; and
478	480		(D) has had adequate sewer services installed to
479	481		service the lot or dwelling, as determined by an authorized agent
480	482		responsible for the licensing or permitting of on-site sewage
481	483		facilities under Chapter 366, Health and Safety Code;
482	484		(2) the subdivided land is a lot of record and has
483	485		adequate sewer services installed that are fully operable to
484	486		service the lot or dwelling, as determined by an authorized agent
485	487		responsible for the licensing or permitting of on-site sewage
486	488		facilities under Chapter 366, Health and Safety Code; or
487	489		(3) the land was not subdivided after September 1,
488	490		1995, and:
489	491		(A) water service is available within 750 feet of
490	492		the subdivided land; or
491	493		(B) water service is available more than 750 feet
492	494		from the subdivided land and the extension of water service to the
493	495		land may be feasible, subject to a final determination by the water
494	496		service provider.
495	497		(c) A utility may provide utility service to subdivided land
496	498		described by Subsection (c)(1), (2), or (3) only if the person
497	499		requesting service:
498	500		(1) is not the land's subdivider or the subdivider's
499	501		agent; and
500	502		(2) provides to the utility a certificate described by
501	503		Subsection (c).
502	504		(d) A person requesting service may obtain a certificate
503	505		under Subsection (c)(1), (2), or (3) only if the person is the owner
504	506		or purchaser of the subdivided land and provides to the
505	507		commissioners court documentation containing:
506	508		(1) a copy of the means of conveyance or other
507	509		documents that show that the land was sold or conveyed by a
508	510		subdivider before September 1, 1995, or before September 1, 1999,
509	511		as applicable under Subsection (c);
510	512		(2) a notarized affidavit by that person requesting
511	513		service under Subsection (c)(1) that states that construction of a
512	514		residence on the land, evidenced by at least the existence of a
513	515		completed foundation, was begun on or before May 1, 2003, and the
514	516		request for utility connection or service is to connect or serve a
515	517		residence described by Subsection (c)(1)(C);
516	518		(3) a notarized affidavit by the person requesting
517	519		service that states that the subdivided land has not been further
518	520		subdivided after September 1, 1995, or September 1, 1999, as
519	521		applicable under Subsection (c); and
520	522		(4) evidence that adequate sewer service or facilities
521	523		have been installed and are fully operable to service the lot or
522	524		dwelling from an entity described by Section 232.201(14) or the
523	525		authorized agent responsible for the licensing or permitting of
524	526		on-site sewage facilities under Chapter 366, Health and Safety
525	527		Code.
526	528		(e) On request, the commissioners court shall provide to the
527	529		attorney general and any appropriate local, county, or state law
528	530		enforcement official a copy of any document on which the
529	531		commissioners court relied in determining the legality of providing
530	532		service.
531	533		(f) This section may not be construed to abrogate any civil
532	534		or criminal proceeding or prosecution or to waive any penalty
533	535		against a subdivider for a violation of a state or local law,
534	536		regardless of the date on which the violation occurred.
535	537		(g) The prohibition established by this section shall not
536	538		prohibit a water, sewer, electric, or gas utility from providing
537	539		water, sewer, electric, or gas utility connection or service to a
538	540		lot sold, conveyed, or purchased through a contract for deed or
539	541		executory contract or other device by a subdivider prior to July 1,
540	542		1995, or September 1, 1999, if on August 31, 1999, the subdivided
541	543		land was located in the extraterritorial jurisdiction of a
542	544		municipality that has adequate sewer services installed that are
543	545		fully operable to service the lot, as determined by an authorized
544	546		agent responsible for the licensing or permitting of on-site sewage
545	547		facilities under Chapter 366, Health and Safety Code, and was
546	548		subdivided by a plat approved prior to September 1, 1989.
547	549		(h) In this section, "foundation" means the lowest division
548	550		of a residence, usually consisting of a masonry slab or a pier and
549	551		beam structure, that is partly or wholly below the surface of the
550	552		ground and on which the residential structure rests.
551	553		(i) Subject to Subsections (k) and (l), a utility that does
552	554		not hold a certificate issued by, or has not received a
553	555		determination from, the commissioners court under Section 232.208
554	556		to serve or connect subdivided property with water, sewer,
555	557		electricity or gas may provide that service to a single-family
556	558		residential dwelling on that property if:
557	559		(1) the person requesting utility service is the owner
558	560		and occupant of the residential dwelling; and
559	561		(2) the utility previously provided the utility
560	562		service to the property for the person requesting the service;
561	563		(3) the utility service provided as described by
562	564		Subdivision (2) was terminated not earlier than five years before
563	565		the date on which the person requesting utility service submits an
564	566		application for that service; and
565	567		(4) providing the utility service will not result in:
566	568		(A) an increase in the volume of utility service
567	569		provided to the property; or
568	570		(B) more than one utility connection for each
569	571		single-family residential dwelling located on the property.
570	572		(j) A utility may provide service under Subsection (k) only
571	573		if the person requesting the service provides to the commissioners
572	574		court documentation that evidences compliance with the
573	575		requirements of Subsection (j) and that is satisfactory to the
574	576		commissioners court.
575	577		(k) A utility may not serve or connect subdivided property
576	578		as described by Subsection (k) if, on or after September 1, 2007,
577	579		any existing improvements on that property are modified.
578	580		(l) Except as provided by Subsection (o), this section does
579	581		not prohibit a water or sewer utility from providing water or sewer
580	582		utility connection or service to a residential dwelling that:
581	583		(m) is provided water or wastewater facilities under or in
582	584		conjunction with a federal or state funding program designed to
583	585		address inadequate water or wastewater facilities in colonias or to
584	586		residential lots located in a county described by Section
585	587		232.202(a)(1);
586	588		(2) is an existing dwelling identified as an eligible
587	589		recipient for funding by the funding agency providing adequate
588	590		water and wastewater facilities or improvements;
589	591		(3) when connected, will comply with the minimum state
590	592		standards for both water and sewer facilities and as prescribed by
591	593		the model subdivision rules adopted under Section 16.343, Water
592	594		Code; and
593	595		(4) is located in a project for which the municipality
594	596		with jurisdiction over the project or the approval of plats within
595	597		the project area has approved the improvement project by order,
596	598		resolution, or interlocal agreement under Chapter 791, Government
597	599		Code, if applicable.
598	600		(n) A utility may not serve any subdivided land with water
599	601		utility connection or service under Subsection (n) unless the
600	602		entity receives a determination from the county commissioners court
601	603		under Section 232.208(b)(3) that adequate sewer services have been
602	604		installed to service the lot or dwelling.
603	605		(o) The commissioners court may impose a fee for a
604	606		certificate issued under this section for a subdivision which is
605	607		located in the county and not within the limits of a municipality.
606	608		The amount of the fee may be the greater of $30 or the amount of the
607	609		fee imposed by the municipality for a subdivision that is located
608	610		entirely in the extraterritorial jurisdiction of the municipality
609	611		for a certificate issued under Section 212.0115. A person who
610	612		obtains a certificate under this section is not required to obtain a
611	613		certificate under Section 212.0115.
612	614		Sec. 232.210. SUBDIVISION REGULATION; COUNTY AUTHORITY.
613	615		(a) The commissioners court for each county shall adopt and enforce
614	616		the model rules developed under Section 16.343, Water Code.
615	617		(b) Except as provided by Section 16.350(d), Water Code, or
616	618		Section 232.222 or 232.223, the commissioners court may not grant a
617	619		variance or adopt regulations that waive any requirements of this
618	620		subchapter.
619	621		(c) The commissioners court shall adopt regulations setting
620	622		forth requirements for:
621	623		(1) potable water sufficient in quality and quantity
622	624		to meet minimum state standards;
623	625		(2) solid waste disposal meeting minimum state
624	626		standards and rules adopted by the county under Chapter 364, Health
625	627		and Safety Code;
626	628		(3) sufficient and adequate roads that satisfy the
627	629		standards adopted by the county;
628	630		(4) sewer facilities meeting minimum state standards;
629	631		(5) electric service and gas service; and
630	632		(6) standards for flood management meeting the minimum
631	633		standards set forth by the Federal Emergency Management Agency
632	634		under the National Flood Insurance Act of 1968 (42 U.S.C. Sections
633	635		4001 through 4127).
634	636		(d) In adopting regulations under Subsection (c)(2), the
635	637		commissioners court may allow one or more commercial providers to
636	638		provide solid waste disposal services as an alternative to having
637	639		the service provided by the county.
638	640		Sec. 232.2105. COUNTY INSPECTOR. (a) The commissioners
639	641		court may impose a fee on a subdivider of property under this
640	642		subchapter for an inspection of the property to ensure compliance
641	643		with the subdivision regulations adopted under this subchapter,
642	644		Section 16.343, Water Code, or other law.
643	645		(b) Fees collected under this section may be used only to
644	646		fund inspections conducted under this section.
645	647		Sec. 232.211. REQUIREMENTS PRIOR TO SALE OR LEASE. (a)
646	648		Except as provided by Subsection (d), a subdivider may not sell or
647	649		lease land in a subdivision first platted or replatted after July 1,
648	650		1995, unless the subdivision plat is approved by the commissioners
649	651		court in accordance with Section 232.204.
650	652		(b) Not later than the 30th day after the date a lot is sold,
651	653		a subdivider shall record with the county clerk all sales
652	654		contracts, including the attached disclosure statement required by
653	655		Section 232.213, leases, and any other documents that convey an
654	656		interest in the subdivided land.
655	657		(c) A document filed under Subsection (b) is a public
656	658		record.
657	659		(d) In a county defined under Section 232.202(a)(2), a
658	660		subdivider may not sell or lease land in a subdivision first platted
659	661		or replatted after September 1, 2005, unless the subdivision plat
660	662		is approved by the commissioners court in accordance with Section
661	663		232.204.
662	664		Sec. 232.2115. NOTICE OF WATER AND WASTEWATER REQUIREMENTS
663	665		BY POLITICAL SUBDIVISIONS. (a) This section applies only to a
664	666		county or other political subdivision located in the county that
665	667		sells:
666	668		(1) under Section 34.01, Tax Code, real property
667	669		presumed to be for residential use under Section 232.202; or
668	670		(2) under Section 3, Part VI, Texas Rules of Civil
669	671		Procedure, and Chapter 34, Civil Practice and Remedies Code, real
670	672		property presumed to be for residential use under Section 232.202,
671	673		taken by virtue of a writ of execution.
672	674		(b) A county or other political subdivision located in the
673	675		county shall include in the public notice of sale of the property
674	676		and the deed conveying the property a statement substantially
675	677		similar to the following:
676	678		"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR
677	679		JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND
678	680		INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.
679	681		"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY
680	682		WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER NOR THE
681	683		SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT
682	684		THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR
683	685		FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.
684	686		"IN SOME SITUATIONS, A LOT OF LESS THAN FIVE ACRES IS PRESUMED
685	687		TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS
686	688		WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR
687	689		RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION
688	690		SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL."
689	691		(c) The statement required by Subsection (b) must be:
690	692		(1) printed:
691	693		(A) in English and Spanish; and
692	694		(B) in 14-point boldface type or 14-point
693	695		uppercase typewritten letters; and
694	696		(2) read aloud at the sale, in English and Spanish, by
695	697		an agent of the county.
696	698		(d) A sale conducted in violation of this section is void.
697	699		Sec. 232.212. SERVICES PROVIDED BY SUBDIVIDER. A
698	700		subdivider having an approved plat for a subdivision shall:
699	701		(1) furnish a certified letter from the utility
700	702		provider stating that water is available to the subdivision
701	703		sufficient in quality and quantity to meet minimum state standards
702	704		required by Section 16.343, Water Code, and consistent with the
703	705		certification in the letter, and that water of that quality and
704	706		quantity will be made available to the point of delivery to all lots
705	707		in the subdivision;
706	708		(2) furnish sewage treatment facilities that meet
707	709		minimum state standards to fulfill the wastewater requirements of
708	710		the subdivision or furnish certification by the appropriate county
709	711		or state official having jurisdiction over the approval of the
710	712		septic systems indicating that lots in the subdivision can be
711	713		adequately and legally served by septic systems as provided under
712	714		Chapter 366, Health and Safety Code;
713	715		(3) furnish roads satisfying minimum standards as
714	716		adopted by the county;
715	717		(4) furnish adequate drainage meeting standard
716	718		engineering practices; and
717	719		(5) make a reasonable effort to have electric utility
718	720		service and gas utility service installed by a utility.
719	721		Sec. 232.213. ADVERTISING STANDARDS AND OTHER REQUIREMENTS
720	722		BEFORE SALE; OFFENSE. (a) Brochures, publications, and
721	723		advertising of any form relating to subdivided land:
722	724		(1) may not contain any misrepresentation; and
723	725		(2) except for a for-sale sign posted on the property
724	726		that is no larger than three feet by three feet, must accurately
725	727		describe the availability of water and sewer service facilities and
726	728		electric and gas utilities.
727	729		(b) The subdivider shall provide a copy in Spanish of all
728	730		written documents relating to the sale of subdivided land under an
729	731		executory contract, including the contract, disclosure notice, and
730	732		annual statement required by this section and a notice of default
731	733		required by Subchapter D, Chapter 5, Property Code, if:
732	734		(1) negotiations that precede the execution of the
733	735		executory contract are conducted primarily in Spanish; or
734	736		(2) the purchaser requests the written documents to be
735	737		provided in Spanish.
736	738		(c) Before an executory contract is signed by the purchaser,
737	739		the subdivider shall provide the purchaser with a written notice,
738	740		which must be attached to the executory contract, informing the
739	741		purchaser of the condition of the property that must, at a minimum,
740	742		be executed by the subdivider and purchaser, be acknowledged, and
741	743		read substantially similar to the following:
742	744		IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE
743	745		TO LIVE ON THE PROPERTY.
744	746		WARNING
745	747		CONCERNING THE PROPERTY AT (street address or legal description and
746	748		municipality)
747	749		THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE
748	750		CONSIDERING PURCHASING.
749	751		CHECK OFF THE ITEMS THAT ARE TRUE:
750	752		___ The property is in a recorded subdivision.
751	753		___ The property has water service that provides potable water.
752	754		___ The property has sewer service or a septic system.
753	755		___ The property has electric service.
754	756		___ The property is not in a flood-prone area.
755	757		___ The roads are paved.
756	758		___ No person other than the subdivider:
757	759		(1) owns the property;
758	760		(2) has a claim of ownership to the property; or
759	761		(3) has an interest in the property.
760	762		___ No person has a lien filed against the property.
761	763		___ There are no back taxes owed on the property.
762	764		NOTICE
763	765		SELLER ADVISES PURCHASER TO:
764	766		(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY
765	767		AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
766	768		(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE COVERING
767	769		THE PROPERTY.
768	770		________________________________
769	771		____________
770	772		(Date)(Signature of Subdivider)
771	773		________________________________
772	774		____________
773	775		(Date)(Signature of Purchaser)
774	776		(d) The subdivider shall provide any purchaser who is sold a
775	777		lot under an executory contract with an annual statement in January
776	778		of each year for the term of the executory contract. If the
777	779		subdivider mails the statement to the purchaser, the statement must
778	780		be postmarked not later than January 31.
779	781		(e) The statement under Subsection (d) must include the
780	782		following information:
781	783		(1) the amount paid under the contract;
782	784		(2) the remaining amount owed under the contract;
783	785		(3) the annual interest rate charged under the
784	786		contract during the preceding 12-month period; and
785	787		(4) the number of payments remaining under the
786	788		contract.
787	789		(f) If the subdivider fails to comply with Subsections (d)
788	790		and (e), the purchaser may:
789	791		(1) notify the subdivider that the purchaser has not
790	792		received the statement and will deduct 15 percent of each monthly
791	793		payment due until the statement is received; and
792	794		(2) not earlier than the 25th day after the date the
793	795		purchaser provides the subdivider notice under this subsection,
794	796		deduct 15 percent of each monthly payment due until the statement is
795	797		received by the purchaser.
796	798		(g) A purchaser who makes a deduction under Subsection (f)
797	799		is not required to reimburse the subdivider for the amount
798	800		deducted.
799	801		(h) A person who is a seller of lots in a subdivision, or a
800	802		subdivider or an agent of a seller or subdivider, commits an offense
801	803		if the person knowingly authorizes or assists in the publication,
802	804		advertising, distribution, or circulation of any statement or
803	805		representation that the person knows is false concerning any
804	806		subdivided land offered for sale or lease. An offense under this
805	807		section is a Class A misdemeanor.
806	808		(i) A person who holds a real estate broker's or sales
807	809		agent's license under Chapter 1101, Occupations Code, acting in the
808	810		person's capacity as a real estate broker or sales agent, other than
809	811		a person who is a director, officer, or employee of the seller or
810	812		subdivider or who is otherwise affiliated with the seller or
811	813		subdivider, is not an agent of a seller or subdivider for purposes
812	814		of this section.
813	815		Sec. 232.214. CONFLICT OF INTEREST; PENALTY. (a) In this
814	816		section, "subdivided tract" means a tract of land, as a whole, that
815	817		is subdivided into tracts or lots. The term does not mean an
816	818		individual lot in a subdivided tract of land.
817	819		(b) A person has an interest in a subdivided tract if the
818	820		person:
819	821		(1) has an equitable or legal ownership interest in
820	822		the tract;
821	823		(2) acts as a developer of the tract;
822	824		(3) owns voting stock or shares of a business entity
823	825		that:
824	826		(A) has an equitable or legal ownership interest
825	827		in the tract; or
826	828		(B) acts as a developer of the tract; or
827	829		(4) receives in a calendar year money or any thing of
828	830		value from a business entity described by Subdivision (3).
829	831		(c) A person also is considered to have an interest in a
830	832		subdivided tract if the person is related in the second degree by
831	833		consanguinity or affinity, as determined under Chapter 573,
832	834		Government Code, to a person who, under Subsection (b), has an
833	835		interest in the tract.
834	836		(d) If a member of the commissioners court has an interest
835	837		in a subdivided tract, the member shall file, before a vote or
836	838		decision regarding the approval of a plat for the tract, an
837	839		affidavit with the county clerk stating the nature and extent of the
838	840		interest and shall abstain from further participation in the
839	841		matter. The affidavit must be filed with the county clerk.
840	842		(e) A member of the commissioners court of a county commits
841	843		an offense if the member violates Subsection (d). An offense under
842	844		this subsection is a Class A misdemeanor.
843	845		(f) The finding by a court of a violation of this section
844	846		does not render voidable an action of the commissioners court
845	847		unless the measure would not have passed the commissioners court
846	848		but for the vote of the member who violated this section.
847	849		(g) A conviction under Subsection (e) constitutes official
848	850		misconduct by the member and is grounds for removal from office.
849	851		Sec. 232.215. CIVIL PENALTIES. (a) A subdivider or an
850	852		agent of a subdivider may not cause, suffer, allow, or permit a lot
851	853		to be sold in a subdivision if the subdivision has not been platted
852	854		as required by this subchapter.
853	855		(b) Notwithstanding any other remedy at law or equity, a
854	856		subdivider or an agent of a subdivider may not cause, suffer, allow,
855	857		or permit any part of a subdivision over which the subdivider or an
856	858		agent of the subdivider has control, or a right of ingress and
857	859		egress, to become a public health nuisance as defined by Section
858	860		341.011, Health and Safety Code.
859	861		(c) A subdivider who fails to provide, in the time and
860	862		manner described in the plat, for the construction or installation
861	863		of water or sewer service facilities described on the plat or on the
862	864		document attached to the plat or who otherwise violates this
863	865		subchapter or a rule or requirement adopted by the commissioners
864	866		court under this subchapter is subject to a civil penalty of not
865	867		less than $500 or more than $1,000 for each violation and for each
866	868		day of a continuing violation but not to exceed $5,000 each day and
867	869		shall also pay court costs, investigative costs, and attorney's
868	870		fees for the governmental entity bringing the suit.
869	871		(d) Except as provided by Subsection (e), a person who
870	872		violates Subsection (a) or (b) is subject to a civil penalty of not
871	873		less than $10,000 or more than $15,000 for each lot conveyed or each
872	874		subdivision that becomes a nuisance. The person must also pay court
873	875		costs, investigative costs, and attorney's fees for the
874	876		governmental entity bringing the suit.
875	877		(e) A person who violates Subsection (b) is not subject to a
876	878		fine under Subsection (d) if the person corrects the nuisance not
877	879		later than the 30th day after the date the person receives notice
878	880		from the attorney general or a local health authority of the
879	881		nuisance.
880	882		(f) Venue for an action under this section is in a district
881	883		court of Travis County, a district court in the county in which the
882	884		defendant resides, or a district court in the county in which the
883	885		violation or threat of violation occurs.
884	886		(g) A person who holds a real estate broker's or sales
885	887		agent's license under Chapter 1101, Occupations Code, acting in the
886	888		person's capacity as a real estate broker or sales agent, other than
887	889		a person who is a director, officer, or employee of the owner of the
888	890		lot or who is otherwise affiliated with the owner of the lot, is not
889	891		an agent of a seller or subdivider for purposes of this section.
890	892		Sec. 232.216. CRIMINAL PENALTIES. (a) A subdivider
891	893		commits an offense if the subdivider knowingly fails to file a plat
892	894		required by this subchapter. An offense under this subsection is a
893	895		Class A misdemeanor.
894	896		(b) A subdivider who owns a subdivision commits an offense
895	897		if the subdivider knowingly fails to timely provide for the
896	898		construction or installation of water or sewer service as required
897	899		by Section 232.212 or fails to make a reasonable effort to have
898	900		electric utility service and gas utility service installed by a
899	901		utility as required by Section 232.212. An offense under this
900	902		subsection is a Class A misdemeanor.
901	903		(c) If it is shown at the trial of an offense under
902	904		Subsection (a) that the defendant caused five or more residences in
903	905		the subdivision to be inhabited, the offense is a state jail felony.
904	906		(d) A subdivider commits an offense if the subdivider allows
905	907		the conveyance of a lot in the subdivision without the appropriate
906	908		water and sewer utilities as required by Section 232.212 or without
907	909		having made a reasonable effort to have electric utility service
908	910		and gas utility service installed by a utility as required by
909	911		Section 232.212. An offense under this section is a Class A
910	912		misdemeanor. Each lot conveyed constitutes a separate offense.
911	913		(e) Venue for prosecution for a violation under this section
912	914		is in the county in which any element of the violation is alleged to
913	915		have occurred or in Travis County.
914	916		Sec. 232.217. ENFORCEMENT. (a) The attorney general, or
915	917		the district attorney, criminal district attorney, county attorney
916	918		with felony responsibilities, or county attorney of the county may
917	919		take any action necessary in a court of competent jurisdiction on
918	920		behalf of the state or on behalf of residents to:
919	921		(1) enjoin the violation or threatened violation of
920	922		the model rules adopted under Section 16.343, Water Code;
921	923		(2) enjoin the violation or threatened violation of a
922	924		requirement of this subchapter or a rule adopted by the
923	925		commissioners court under this subchapter;
924	926		(3) recover civil or criminal penalties, attorney's
925	927		fees, litigation costs, and investigation costs; and
926	928		(4) require platting or replatting under Section
927	929		232.220.
928	930		b) The attorney general, at the request of the district or
929	931		county attorney with jurisdiction, may conduct a criminal
930	932		prosecution under Section 232.213(h) or 232.216.
931	933		(c) During the pendency of any enforcement action brought,
932	934		any resident of the affected subdivision, or the attorney general,
933	935		district attorney, or county attorney on behalf of a resident, may
934	936		file a motion against the provider of utilities to halt termination
935	937		of pre-existing utility services. The services may not be
936	938		terminated if the court makes an affirmative finding after hearing
937	939		the motion that termination poses a threat to public health,
938	940		safety, or welfare of the residents.
939	941		(d) This subchapter is subject to the applicable
940	942		enforcement provisions prescribed by Sections 16.352, 16.353,
941	943		16.354, and 16.3545, Water Code.
942	944		(e) A court having jurisdiction of an enforcement action
943	945		under this section shall dismiss the action if:
944	946		(1) the defendant remedies the violation that is the
945	947		subject of the enforcement action not later than the 45th day after
946	948		the date the defendant receives notice of the action; and
947	949		(2) the defendant shows good cause for the dismissal.
948	950		Sec. 232.218. SUIT BY PRIVATE PERSON IN ECONOMICALLY
949	951		DISTRESSED AREA. (a) Except as provided by Subsection (b), a person
950	952		who has purchased or is purchasing a lot after July 1, 1995, in a
951	953		subdivision for residential purposes that does not have water and
952	954		sewer services as required by this subchapter and is located in an
953	955		economically distressed area, as defined by Section 17.921, Water
954	956		Code, from a subdivider, may bring suit in the district court in
955	957		which the property is located or in a district court in Travis
956	958		County to:
957	959		(1) declare the sale of the property void, require the
958	960		subdivider to return the purchase price of the property, and
959	961		recover from the subdivider:
960	962		(A) the market value of any permanent
961	963		improvements the person placed on the property;
962	964		(B) actual expenses incurred as a direct result
963	965		of the failure to provide adequate water and sewer facilities;
964	966		(C) court costs; and
965	967		(D) reasonable attorney's fees; or
966	968		(2) enjoin a violation or threatened violation of
967	969		Section 232.212, require the subdivider to plat or replat under
968	970		Section 232.220, and recover from the subdivider:
969	971		(A) actual expenses incurred as a direct result
970	972		of the failure to provide adequate water and sewer facilities;
971	973		(B) court costs; and
972	974		(C) reasonable attorney's fees.
973	975		(b) If the lot is located in a county defined under Section
974	976		232.202(a)(2), a person may only bring suit under Subsection (a) if
975	977		the person purchased or is purchasing the lot after September 1,
976	978		2005.
977	979		Sec. 232.219. CANCELLATION OF SUBDIVISION. (a) A
978	980		subdivider of land may apply to the commissioners court to cancel
979	981		all or part of the subdivision in the manner provided by Section
980	982		232.008 after notice and hearing as provided by this section.
981	983		(b) A resident of a subdivision for which the subdivider has
982	984		applied for cancellation under Subsection (a) has the same rights
983	985		as a purchaser of land under Section 232.008.
984	986		(c) The notice required by Section 232.008(c) must also be
985	987		published in Spanish in the newspaper of highest circulation and in
986	988		a Spanish-language newspaper in the county if available.
987	989		(d) Not later than the 14th day before the date of the
988	990		hearing, the county chief appraiser shall by regular and certified
989	991		mail provide notice containing the information described by Section
990	992		232.008(c) to:
991	993		(1) each person who pays property taxes in the
992	994		subdivision, as determined by the most recent tax roll; and
993	995		(2) each person with an interest in the property.
994	996		(e) The commissioners court may require a subdivider to
995	997		provide the court with the name and last known address of each
996	998		person with an interest in the property. For purposes of this
997	999		subsection, a person residing on a lot purchased through an
998	1000		executory contract has an interest in the property.
999	1001		(f) A person who fails to provide information requested
1000	1002		under Subsection (e) before the 31st day after the date the request
1001	1003		is made is liable to the state for a penalty of $500 for each week
1002	1004		the person fails to provide the information.
1003	1005		(g) The commissioners court may cancel a subdivision only
1004	1006		after a public hearing. At the hearing, the commissioners court
1005	1007		shall permit any interested person to be heard. At the conclusion
1006	1008		of the hearing, the commissioners court shall adopt an order on
1007	1009		whether to cancel the subdivision.
1008	1010		Sec. 232.220. REPLATTING. (a) A subdivision plat must
1009	1011		accurately reflect the subdivision as it develops. If there is any
1010	1012		change, either by the intentional act of the subdivider or by the
1011	1013		forces of nature, including changes in the size or dimension of lots
1012	1014		or the direction or condition of the roads, a plat must be revised
1013	1015		in accordance with Section 232.221.
1014	1016		(b) Except as provided by Subsection (c), a lot in a
1015	1017		subdivision may not be sold if the lot lacks water and sewer
1016	1018		services as required by this subchapter unless the lot is platted or
1017	1019		replatted as required by this subchapter. A subdivider or agent of
1018	1020		a subdivider may not transfer a lot through an executory contract or
1019	1021		other similar conveyance to evade the requirements of this
1020	1022		subchapter. The prohibition in this subsection includes the sale
1021	1023		of a lot:
1022	1024		(1) by a subdivider who regains possession of a lot
1023	1025		previously exempt under Subsection (c) through the exercise of a
1024	1026		remedy described in Section 5.064, Property Code; or
1025	1027		(2) for which it is shown at a proceeding brought in
1026	1028		the district court in which the property is located that the sale of
1027	1029		a lot otherwise exempt under Subsection (c) was made for the purpose
1028	1030		of evading the requirements of this subchapter.
1029	1031		(c) Subsection (b) does not apply if a seller other than a
1030	1032		subdivider or agent of a subdivider resides on the lot.
1031	1033		(d) The attorney general or a district or county attorney
1032	1034		with jurisdiction may bring a proceeding under Subsection (b).
1033	1035		(e) Existing utility services to a subdivision that must be
1034	1036		platted or replatted under this section may not be terminated under
1035	1037		Section 232.209 or 232.2091.
1036	1038		Sec. 232.221. REVISION OF PLAT. (a) A person who has
1037	1039		subdivided land that is subject to the subdivision controls of the
1038	1040		county in which the land is located may apply in writing to the
1039	1041		commissioners court of the county for permission to revise the
1040	1042		subdivision plat filed for record with the county clerk.
1041	1043		(b) Except as provided by Subsection (b-1), after the
1042	1044		application is filed with the commissioners court, the court shall
1043	1045		publish a notice of the application in a newspaper of general
1044	1046		circulation in the county. The notice must include a statement of
1045	1047		the time and place at which the court will meet to consider the
1046	1048		application and to hear protests to the revision of the plat. The
1047	1049		notice must be published at least three times during the period that
1048	1050		begins on the 30th day and ends on the seventh day before the date of
1049	1051		the meeting. If all or part of the subdivided tract has been sold to
1050	1052		nondeveloper owners, the court shall also give notice to each of
1051	1053		those owners by certified or registered mail, return receipt
1052	1054		requested, at the owner's address in the subdivided tract.
1053	1055		(b-1) If the commissioners court determines that the
1054	1056		revision to the subdivision plat does not affect a public interest
1055	1057		or public property of any type, including, but not limited to, a
1056	1058		park, school, or road, the notice requirements under Subsection (b)
1057	1059		do not apply to the application and the commissioners court shall:
1058	1060		(1) provide written notice of the application to the
1059	1061		owners of the lots that are within 200 feet of the subdivision plat
1060	1062		to be revised, as indicated in the most recent records of the
1061	1063		central appraisal district of the county in which the lots are
1062	1064		located; and
1063	1065		(2) if the county maintains an Internet website, post
1064	1066		notice of the application continuously on the website for at least
1065	1067		30 days preceding the date of the meeting to consider the
1066	1068		application until the day after the meeting.
1067	1069		(c) During a regular term of the commissioners court, the
1068	1070		court shall adopt an order to permit the revision of the subdivision
1069	1071		plat if it is shown to the court that:
1070	1072		(1) the revision will not interfere with the
1071	1073		established rights of any owner of a part of the subdivided land; or
1072	1074		(2) each owner whose rights may be interfered with has
1073	1075		agreed to the revision.
1074	1076		(d) If the commissioners court permits a person to revise a
1075	1077		subdivision plat, the person may make the revision by filing for
1076	1078		record with the county clerk a revised plat or part of a plat that
1077	1079		indicates the changes made to the original plat.
1078	1080		(e) The commissioners court may impose a fee for filing an
1079	1081		application under this section. The amount of the fee must be based
1080	1082		on the cost of processing the application, including publishing the
1081	1083		notices required under Subsection (b) or (b-1).
1082	1084		Sec. 232.222. VARIANCES FROM REPLATTING REQUIREMENTS. (a)
1083	1085		On request of a subdivider or resident purchaser, the commissioners
1084	1086		court may grant a delay or a variance from compliance with Section
1085	1087		232.220 as provided by this section.
1086	1088		(b) The commissioners court may grant a delay of two years
1087	1089		if the reason for the delay is to install utilities. A person may
1088	1090		apply for one renewal of a delay under this subsection. To obtain
1089	1091		an initial delay under this subsection, a subdivider must:
1090	1092		(1) identify the affected utility providers;
1091	1093		(2) provide the terms and conditions on which service
1092	1094		may be provided; and
1093	1095		(3) provide a certified letter from each utility
1094	1096		provider stating that it has the right to serve the area and it will
1095	1097		serve the area.
1096	1098		(c) The commissioners court may grant a delay or a variance
1097	1099		for a reason other than a reason described by Subsection (b) if it
1098	1100		is shown that compliance would be impractical or would be contrary
1099	1101		to the health and safety of residents of the subdivision. The
1100	1102		commissioners court must issue written findings stating the reasons
1101	1103		why compliance is impractical.
1102	1104		(d) A delay or a variance granted by the commissioners court
1103	1105		is valid only if the commissioners court notifies the attorney
1104	1106		general of the delay or variance and the reasons for the delay or
1105	1107		variance not later than the 30th day after the date the
1106	1108		commissioners court grants the delay or variance.
1107	1109		(e) Until approved water and sewer services are made
1108	1110		available to the subdivision, the subdivider of land for which a
1109	1111		delay is granted under this section must provide at no cost to
1110	1112		residents:
1111	1113		(1) 25 gallons of potable water a day for each resident
1112	1114		and a suitable container for storing the water; and
1113	1115		(2) suitable temporary sanitary wastewater disposal
1114	1116		facilities.
1115	1117		Sec. 232.223. VARIANCES FROM PLATTING REQUIREMENTS. (a)
1116	1118		On the request of a subdivider who created an unplatted subdivision
1117	1119		or a resident purchaser of a lot in the subdivision, the
1118	1120		commissioners court of a county may grant:
1119	1121		(1) a delay or variance from compliance with the
1120	1122		subdivision requirements prescribed by Section 232.203(b)(8) or
1121	1123		(9), 232.205(1), (2), (3), (4), or (5), or 232.210(c)(2), (3), (5),
1122	1124		or (6); or
1123	1125		(2) a delay or variance for an individual lot from
1124	1126		compliance with the requirements prescribed by the model
1125	1127		subdivision rules adopted under Section 16.343, Water Code, for:
1126	1128		(A) the distance that a structure must be set
1127	1129		back from roads or property lines; or
1128	1130		(B) the number of single-family, detached
1129	1131		dwellings that may be located on a lot.
1130	1132		(b) If the commissioners court makes a written finding that
1131	1133		the subdivider who created the unplatted subdivision no longer owns
1132	1134		property in the subdivision, the commissioners court may grant a
1133	1135		delay or variance under this section only if:
1134	1136		(1) a majority of the lots in the subdivision were sold
1135	1137		before:
1136	1138		(A) September 1, 1995, in a county defined under
1137	1139		Section 232.202(a)(1); or
1138	1140		(B) September 1, 2005, in a county defined under
1139	1141		Section 232.202(a)(2);
1140	1142		(2) a majority of the resident purchasers in the
1141	1143		subdivision sign a petition supporting the delay or variance;
1142	1144		(3) the person requesting the delay or variance
1143	1145		submits to the commissioners court:
1144	1146		(A) a description of the water and sewer service
1145	1147		facilities that will be constructed or installed to service the
1146	1148		subdivision;
1147	1149		(B) a statement specifying the date by which the
1148	1150		water and sewer service facilities will be fully operational; and
1149	1151		(C) a statement signed by an engineer licensed in
1150	1152		this state certifying that the plans for the water and sewer
1151	1153		facilities meet the minimum state standards;
1152	1154		(4) the commissioners court finds that the unplatted
1153	1155		subdivision at the time the delay or variance is requested is
1154	1156		developed in a manner and to an extent that compliance with specific
1155	1157		platting requirements is impractical or contrary to the health or
1156	1158		safety of the residents of the subdivision; and
1157	1159		(5) the subdivider who created the unplatted
1158	1160		subdivision has not violated local law, federal law, or state law,
1159	1161		excluding this chapter, in subdividing the land for which the delay
1160	1162		or variance is requested, if the subdivider is the person
1161	1163		requesting the delay or variance.
1162	1164		(c) If the commissioners court makes a written finding that
1163	1165		the subdivider who created the unplatted subdivision owns property
1164	1166		in the subdivision, the commissioners court may grant a provisional
1165	1167		delay or variance only if the requirements of Subsection (b) are
1166	1168		satisfied. The commissioners court may issue a final grant of the
1167	1169		delay or variance only if the commissioners court has not received
1168	1170		objections from the attorney general before the 91st day after the
1169	1171		date the commissioners court submits the record of its proceedings
1170	1172		to the attorney general as prescribed by Subsection (d).
1171	1173		(d) If the commissioners court grants a delay or variance
1172	1174		under this section, the commissioners court shall:
1173	1175		(1) make findings specifying the reason compliance
1174	1176		with each requirement is impractical or contrary to the health or
1175	1177		safety of residents of the subdivision;
1176	1178		(2) keep a record of its proceedings and include in the
1177	1179		record documentation of the findings and the information submitted
1178	1180		under Subsection (b); and
1179	1181		(3) submit a copy of the record to the attorney
1180	1182		general.
1181	1183		(e) The failure of the attorney general to comment or object
1182	1184		to a delay or variance granted under this section does not
1183	1185		constitute a waiver of or consent to the validity of the delay or
1184	1186		variance granted.
1185	1187		(f) This section does not affect a civil suit filed against,
1186	1188		a criminal prosecution of, or the validity of a penalty imposed on a
1187	1189		subdivider for a violation of law, regardless of the date on which
1188	1190		the violation occurred.
1189	1191		Sec. 232.224. AMENDING PLAT. The commissioners court may
1190	1192		approve and issue an amending plat under this subchapter in the same
1191	1193		manner, for the same purposes, and subject to the same related
1192	1194		provisions as provided by Section 232.011.
1193	1195		Sec. 232.225. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS
1194	1196		TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) A commissioners
1195	1197		court by order may implement a process:
1196	1198		(1) applicable to a subdivision in which 50 percent or
1197	1199		more of the lots are undeveloped or unoccupied on or after the 25th
1198	1200		anniversary of the date the plat for the subdivision was recorded
1199	1201		with the county; and
1200	1202		(2) through which the county, to the extent
1201	1203		practicable, may apply to the subdivision more current street,
1202	1204		road, drainage, and other infrastructure requirements.
1203	1205		(b) A regulation or standard adopted by a county under this
1204	1206		section must be no less stringent than the minimum standards and
1205	1207		other requirements under the model rules for safe and sanitary
1206	1208		water supply and sewer services adopted under Section 16.343, Water
1207	1209		Code, and any other minimum public safety standards that would
1208	1210		otherwise be applicable to the subdivision.
1209	1211		(c) A regulation or standard adopted by a county under this
1210	1212		section applies only to a lot that is owned by an individual, firm,
1211	1213		corporation, or other legal entity that directly or indirectly
1212	1214		offers lots for sale or lease as part of a common promotional plan
1213	1215		in the ordinary course of business, and each regulation or standard
1214	1216		must expressly state that limitation. For the purposes of this
1215	1217		subsection, "common promotional plan" means a plan or scheme of
1216	1218		operation undertaken by a person or a group acting in concert,
1217	1219		either personally or through an agent, to offer for sale or lease
1218	1220		more than two lots when the land is:
1219	1221		(1) contiguous or part of the same area of land; or
1220	1222		(2) known, designated, or advertised as a common unit
1221	1223		or by a common name.
1222	1224		SECTION 5. Section 16.343(f), Water Code, is amended to
1223	1225		read as follows:
1224	1226		(f) The model rules may impose a platting or replatting
1225	1227		requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except
1226	1228		as may be required by an agreement developed under Chapter 242,
1227	1229		Local Government Code, a municipality that has adopted the model
1228	1230		rules may impose the applicable platting requirements of Chapter
1229	1231		212, Local Government Code, and a county that has adopted the model
1230	1232		rules may impose the applicable platting requirements of Chapter
1231	1233		232, Local Government Code, to real property that is required to be
1232	1234		platted or replatted by the model rules under this section. The
1233	1235		model rules do not supersede an exception to a platting requirement
1234	1236		that is:
1235	1237		(1) within a county that borders the United Mexican
1236	1238		States and the Gulf of Mexico; and
1237	1239		(2) prescribed by Chapter 232, Local Government Code.
1238	1240		SECTION 6. Section 16.350(d), Water Code, is amended to
1239	1241		read as follows:
1240	1242		(d) A county or municipality that receives funds or
1241	1243		financial assistance under Section 15.407 of this code or
1242	1244		Subchapter K, Chapter 17, of this code may grant an exemption for a
1243	1245		subdivision from the requirements of the model rules only if:
1244	1246		(1) the county or municipality supplies the
1245	1247		subdivision with water supply and sewer services that meet the
1246	1248		standards of the model rules; or
1247	1249		(2) the subdivision:
1248	1250		(A) is within a county that borders the United
1249	1251		Mexican States and the Gulf of Mexico; and
1250	1252		(B) involves four or fewer lots that:
1251	1253		(i) front an existing street that meets the
1252	1254		standards adopted by the county or municipality and does not
1253	1255		require the creation of any new street; and
1254	1256		(ii) may connect to an existing water
1255	1257		supply and sewer service located within 50 feet of each lot in the
1256	1258		subdivision that meets the standards of the model rules and does not
1257	1259		require the extension of water or sewer facilities.
1258	1260		SECTION 7. This Act takes effect September 1, 2025.