By: Hinojosa of Nueces S.B. No. 2577
A BILL TO BE ENTITLED
AN ACT
relating to subdivision plat requirements in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.0015(b), Local Government Code, is
amended to read as follows:
(b) Except as provided by Section 232.0013, this subchapter
does not apply to a subdivision of land to which Subchapter B or
Subchapter G applies.
SECTION 2. Section 232.022, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), this [This]
subchapter applies only to:
(1) a county any part of which is located within 50
miles of an international border; or
(2) a county:
(A) any part of which is located within 100 miles
of an international border;
(B) that contains the majority of the area of a
municipality with a population of more than 250,000; and
(C) to which Subdivision (1) does not apply.
(a-1) This subchapter does not apply to a county that
borders:
(1) the United Mexican States; and
(2) the Gulf of Mexico.
SECTION 3. Section 232.071, Local Government Code, is
amended to read as follows:
Sec. 232.071. APPLICABILITY. This subchapter applies only
to the subdivision of land located:
(1) outside the corporate limits of a municipality;
and
(2) in a county:
(A) in which is located a political subdivision
that is eligible for and has applied for financial assistance under
Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
Code; and
(B) to which Subchapters [Subchapter] B and G do
[does] not apply.
SECTION 4. Chapter 232, Local Government Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN
COUNTIES
Sec. 232.201. DEFINITIONS. In this subchapter:
(1) "Board" means the Texas Water Development Board.
(2) "Common promotional plan" means any plan or scheme
of operation undertaken by a single subdivider or a group of
subdividers acting in concert, either personally or through an
agent, to offer for sale or lease lots when the land is:
(A) contiguous or part of the same area of land;
or
(B) known, designated, or advertised as a common
unit or by a common name.
(3) "Executive administrator" means the executive
administrator of the Texas Water Development Board.
(4) "Floodplain" means any area in the 100-year
floodplain that is susceptible to being inundated by water from any
source or that is identified by the Federal Emergency Management
Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
Sections 4001 through 4127).
(5) "Lease" includes an offer to lease.
(6) "Lot" means a parcel into which land is divided.
(7) "Lot of record" means:
(A) a lot, the boundaries of which were
established by a plat recorded in the office of the county clerk
before September 1, 1989, that has not been subdivided after
September 1, 1989; or
(B) a lot, the boundaries of which were
established by a metes and bounds description in a deed of
conveyance, a contract of sale, or other executory contract to
convey real property that has been legally executed and recorded in
the office of the county clerk before September 1, 1989, that has
not been subdivided after September 1, 1989.
(8) "Minimum state standards" means the minimum
standards set out for:
(A) adequate drinking water by or under Section
16.343(b)(1), Water Code;
(B) adequate sewer facilities by or under Section
16.343(c)(1), Water Code; or
(C) the treatment, disposal, and management of
solid waste by or under Chapters 361 and 364, Health and Safety
Code.
(9) "Plat" means a map, chart, survey, plan, or replat
containing a description of the subdivided land with ties to
permanent landmarks or monuments.
(10) "Sell" includes an offer to sell.
(11) "Sewer," "sewer services," or "sewer facilities"
means treatment works as defined by Section 17.001, Water Code, or
individual, on-site, or cluster treatment systems such as septic
tanks and includes drainage facilities and other improvements for
proper functioning of septic tank systems.
(12) "Subdivide" means to divide the surface area of
land into lots.
(13) "Subdivider" means an individual, firm,
corporation, or other legal entity that directly or indirectly
subdivides land into lots for sale or lease as part of a common
promotional plan in the ordinary course of business.
(14) "Subdivision" means an area of land that has been
subdivided into lots for sale or lease.
(15) "Utility" means a person, including a legal
entity or political subdivision, that provides the services of:
(A) an electric utility, as defined by Section
31.002, Utilities Code;
(B) a gas utility, as defined by Section 101.003,
Utilities Code; and
(C) a water and sewer utility, as defined by
Section 13.002, Water Code.
Sec. 232.202. APPLICABILITY. (a) This subchapter applies
only to a county that borders:
(1) the United Mexican States; and
(2) the Gulf of Mexico.
(b) This subchapter applies only to land that is subdivided
into two or more lots where at least one lot is less than five acres.
This subchapter does not apply if the subdivision:
(1) is incident to the conveyance of the land as a gift
between persons related to each other within the third degree by
affinity or consanguinity, as determined under Chapter 573,
Government Code;
(2) has received an exemption from a county under
Section 16.350(d), Water Code.
(c) Except as provided by Subsection (c-1), for purposes of
this section, land is considered to be in the jurisdiction of a
county if the land is located in the county and outside the
corporate limits of municipalities.
(d) Land in a municipality's extraterritorial jurisdiction
is not considered to be in the jurisdiction of a county for purposes
of this section if the municipality and the county have entered into
a written agreement under Section 242.001 that authorizes the
municipality to regulate subdivision plats and approve related
permits in the municipality's extraterritorial jurisdiction.
(e) This subchapter does not apply if all of the lots of the
subdivision are 5 acres or more.
Sec. 232.203. PLAT REQUIRED. (a) A subdivider of land must
have a plat of the subdivision prepared if at least one of the lots
of the subdivision is less than five acres. A commissioners court
may require each subdivider of land to prepare a plat if none of the
lots is less than five acres but at least one of the lots of a
subdivision is five acres or more but less than 10 acres under the
provisions and general platting requirements of Subchapter A.
(b) A subdivision of a tract under this section includes a
subdivision of real property by any method of conveyance, including
a contract for deed, oral contract, contract of sale, or other type
of executory contract, regardless of whether the subdivision is
made by using a metes and bounds description.
(c) A plat required under this section must:
(1) be certified by a surveyor or engineer registered
to practice in this state;
(2) define the subdivision by metes and bounds;
(3) locate the subdivision with respect to an original
corner of the original survey of which it is a part;
(4) describe each lot, number each lot in progression,
and give the dimensions of each lot;
(5) state the dimensions of and accurately describe
each lot, street, alley, square, park, or other part of the tract
intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the street, alley,
square, park, or other part;
(6) include or have attached a document containing a
description in English and Spanish of the water and sewer
facilities and roadways and easements dedicated for the provision
of water and sewer facilities that will be constructed or installed
to service the subdivision and a statement specifying the date by
which the facilities will be fully operable;
(7) have attached a document prepared by an engineer
registered to practice in this state certifying that the water and
sewer service facilities proposed under Subdivision (6) are in
compliance with the model rules adopted under Section 16.343, Water
Code, and a certified estimate of the cost to install water and
sewer service facilities;
(8) provide for drainage in the subdivision to:
(A) avoid concentration of storm drainage water
from each lot to adjacent lots;
(B) provide positive drainage away from all
buildings; and
(C) coordinate individual lot drainage with the
general storm drainage pattern for the area;
(9) include a description of the drainage requirements
as provided in Subdivision (8);
(10) identify the topography of the area;
(11) include a certification by a surveyor or engineer
registered to practice in this state describing any area of the
subdivision that is in a floodplain or stating that no area is in a
floodplain; and
(12) include certification that the subdivider has
complied with the requirements of Section 232.212 and that:
(A) the water quality and connections to the lots
meet, or will meet, the minimum state standards;
(B) sewer connections to the lots or septic tanks
meet, or will meet, the minimum requirements of state standards;
(C) electrical connections provided to the lot
meet, or will meet, the minimum state standards; and
(D) gas connections, if available, provided to
the lot meet, or will meet, the minimum state standards.
(d) A subdivider may meet the requirements of Subsection
(b)(12)(B) through the use of a certificate issued by the
appropriate county or state official having jurisdiction over the
approval of septic systems stating that lots in the subdivision can
be adequately and legally served by septic systems.
(e) The subdivider of the tract must acknowledge the plat by
signing the plat and attached documents and attest to the veracity
and completeness of the matters asserted in the attached documents
and in the plat.
(f) The plat must be filed and recorded with the county
clerk of the county in which the tract is located. The plat is
subject to the filing and recording provisions of Section 12.002,
Property Code.
(g) The commissioners court may require a plat application
submitted for approval to include a digital map that is compatible
with other mapping systems used by the county and that
georeferences the subdivision plat and related public
infrastructure using the Texas Coordinate Systems adopted under
Section 21.071, Natural Resources Code. A digital map required
under this subsection may be required only in a format widely used
by common geographic information system software. A requirement
adopted under this subsection must provide for an exemption from
the requirement if the subdivider of the tract submits with the plat
application an acknowledged statement indicating that the digital
mapping technology necessary to submit a map that complies with
this subsection was not reasonably accessible.
Sec. 232.2031. EXCEPTIONS TO PLAT REQUIREMENT. (a) A
county may not require the owner of a tract of land located outside
the limits of a municipality who divides the tract into two or more
parts to have a plat of the subdivision prepared if:
(1) the lots are sold to adjoining landowners; and
(2) the lots are added to the adjoining parcel of land
owned by the purchasers.
(b) The purchaser of a lot described by Subsection (a) shall
provide to the commissioners court a metes and bounds description
of the adjoining parcel of land owned by the purchaser that has been
updated to reflect the addition of the purchased lot to the
adjoining parcel of land.
(c) A county may, subject to Subsection (d), in its sole
discretion and on a determination that good cause exists, grant an
exception to the plat requirements of this subchapter for an
individual lot that the county determines:
(1) is located within 50 feet of a service connection
to an existing public water system;
(2) is adjacent to a public road;
(3) has either:
(A) sufficient space to accommodate a sewer
service facility that complies with the model rules adopted under
Section 16.343, Water Code; or
(B) a connection for service to an existing
public sewer service within 50 feet.
(4) a civil engineer registered to practice in this
state and not affiliated with the owner of the lot has certified:
(A) has adequate drainage; and
(B) is not in a floodplain.
(d) Before granting an exception under Subsection (c), the
commissioners court must make a finding that specifies the reasons
for the court's determination that:
(1) good cause exists to grant the exception; and
(2) the lot meets the requirements for the exception
under Subsection (c).
(e) The commissioners court shall enter in the record of the
court's proceedings:
(1) the court's findings under Subsection (d); and
(2) the information submitted to the court to support
the court's determination under Subsection (c).
(f) The commissioners court may adopt rules and procedures
necessary to administer and enforce these exemptions.
Sec. 232.204. APPROVAL BY COUNTY REQUIRED. (a) A plat filed
under Section 232.203 is not valid unless the commissioners court
of the county in which the land is located approves the plat by an
order entered in the minutes of the court. The commissioners court
shall refuse to approve a plat if it does not meet the requirements
prescribed by or under this subchapter or if any bond required under
this subchapter is not filed with the county clerk.
(b) If any part of a plat applies to land intended for
residential housing and any part of that land lies in a floodplain,
the commissioners court shall not approve the plat unless:
(1) the subdivision is developed in compliance with
the minimum requirements of the National Flood Insurance Program
and local regulations or orders adopted under Section 16.315, Water
Code; and
(2) the plat evidences a restrictive covenant
prohibiting the construction of residential housing in any area of
the subdivision that is in a floodplain unless the housing is
developed in compliance with the minimum requirements of the
National Flood Insurance Program and local regulations or orders
adopted under Section 16.315, Water Code.
(c) On request, the county clerk shall provide the attorney
general or the Texas Water Development Board:
(1) a copy of each plat that is approved under this
subchapter; or
(2) the reasons in writing and any documentation that
support a variance granted under Section 232.202.
(d) The commissioners court of the county in which the land
is located may establish a planning commission as provided by
Subchapter D. The planning commission, including its findings and
decisions, is subject to the same provisions applicable to the
commissioners court under this subchapter, including Section
232.214 relating to conflicts of interest.
Sec. 232.2041. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
The commissioners court of a county or the court's designee may
designate to one or more officers or employees of the county the
authority to approve, approve with conditions, or disapprove a
plat:
(1) amending plats described in Sec. 232.011; or
(2) involving four or fewer lots that all meet the
requirements Sec. 232.2031(c).
(b) An applicant has the right to appeal to the
commissioners court or the court's designee if the designated
person or persons disapprove a plat.
Sec. 232.205. SUBDIVISION REQUIREMENTS. By an order
adopted and entered in the minutes of the commissioners court, and
after a notice is published in English and Spanish in a newspaper of
general circulation in the county, the commissioners court shall
for each subdivision:
(1) require a right-of-way on a street or road that
functions as a main artery in a subdivision, of a width of not less
than 50 feet or more than 100 feet;
(2) require a right-of-way on any other street or road
in a subdivision of not less than 40 feet or more than 70 feet;
(3) require that the shoulder-to-shoulder width on
collectors or main arteries within the right-of-way be not less
than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
width on any other street or road be not less than 25 feet or more
than 35 feet;
(4) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road;
(5) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices;
(6) require that each purchase contract made between a
subdivider and a purchaser of land in the subdivision contain a
statement describing how and when water, sewer, electricity, and
gas services will be made available to the subdivision; and
(7) require that the subdivider of the tract execute a
bond in the manner provided by Section 232.207.
Sec. 232.206. WATER AND SEWER SERVICE EXTENSION. (a) The
commissioners court may extend, beyond the date specified on the
plat or on the document attached to the plat, the date by which the
water and sewer service facilities must be fully operable if the
commissioners court finds the extension is reasonable and not
contrary to the public interest.
(b) The commissioners court may not grant an extension under
Subsection (a) if it would allow an occupied residence to be without
water or sewer services.
(c) If the commissioners court provides an extension, the
commissioners court shall notify the attorney general of the
extension and the reason for the extension. The attorney general
shall notify all other state agencies having enforcement power over
subdivisions of the extension.
Sec. 232.207. BOND REQUIREMENTS. (a) Except as provided by
Subsection (c), 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 232.204, 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) A bond required by this section must, for a bond for
construction of water and sewer service facilities, be conditioned
on the construction or installation facilities that will be in
compliance with the model rules adopted under Section 16.343, Water
Code.
(c) The commissioners court may, in its sole discretion,
allow a person to stop maintaining a bond for construction of sewer
service facilities under this section for a lot that does not have
an installed sewer service facility if:
(1) the person has completed the installation of all
water facilities and roads and streets required by this subchapter;
(2) the owner of the lot has not resided on the lot for
a period of 60 months after the date of execution of the deed to the
owner;
(3) the person delivers to the commissioners court an
affidavit as described by Subsection (d) from the owner; and
(4) the lot has sufficient space to accommodate
private sewage facilities in accordance with Chapter 366, Health
and Safety Code, and the Construction Standards for On-Site
Sewerage Facilities adopted by the commission and other law and
rules applicable to sewage facilities.
(d) The affidavit under Subsection (c)(3) must include
language substantially similar to the following:
"I understand that the seller of my lot is obligated to
install an on-site sewage facility on the lot or maintain a bond for
the installation of an on-site sewage facility for a period of 60
months after the date I purchased the lot. I affirm that I have not
resided on my lot for the previous 60 months. I understand that I
may not be eligible to receive water or electricity service unless I
install a septic facility on my lot. I voluntarily assume all
financial responsibility to hire a licensed installer to install an
on-site sewage facility that complies with:
(1) Subchapter G, Chapter 232, Local Government Code,
regarding subdivision platting requirements;
(2) the model rules adopted under Section 16.343(c),
Water Code, regarding septic systems;
(3) Chapter 366, Health and Safety Code; and
(4) the Construction Standards for On-Site Sewage
Facilities adopted by the Texas Commission on Environmental Quality
and other law and rules applicable to sewage facilities."
Sec. 232.208. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
REQUIREMENTS. (a) On the approval of a plat by the commissioners
court, the commissioners court shall issue to the person applying
for the approval a certificate stating that the plat has been
reviewed and approved by the commissioners court.
(b) On the commissioners court's own motion or on the
written request of a subdivider, an owner or resident of a lot in a
subdivision, or an entity that provides a utility service, the
commissioners court shall make the following determinations
regarding the land in which the entity or commissioners court is
interested that is located within the jurisdiction of the county:
(1) whether a plat has been prepared and whether it has
been reviewed and approved by the commissioners court;
(2) whether water service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.203 and are fully operable;
(3) whether sewer service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.203 and are fully operable, or if septic systems are
used, whether the lot is served by a permitted on-site sewage
facility or lots in the subdivision can be adequately and legally
served by septic systems under Section 232.203; and
(4) whether electrical and gas facilities, if
available, have been constructed or installed to service the lot or
subdivision under Section 232.203.
(c) The request made under Subsection (b) must identify the
land that is the subject of the request.
(d) Whenever a request is made under Subsection (b), the
commissioners court shall issue the requesting party a written
certification of its determinations under that subsection.
(e) The commissioners court shall make its determinations
within 20 days after the date it receives the request under
Subsection (b) and shall issue the certificate, if appropriate,
within 10 days after the date the determinations are made.
(f) The commissioners court may adopt rules it considers
necessary to administer its duties under this section.
(g) The commissioners court may impose a fee for a
certificate issued under this section for a subdivision which is
located in the county and not within the limits of a municipality.
The amount of the fee may be the greater of $30 or the amount of the
fee imposed by the municipality for a subdivision that is located
entirely in the extraterritorial jurisdiction of the municipality
for a certificate issued under Section 212.0115. A person who
obtains a certificate under this section is not required to obtain a
certificate under Section 212.0115.
Sec. 232.209. CONNECTION OF UTILITIES. (a) Except as
provided by Subsection (c) or Section 232.217(c), a utility may not
serve or connect any subdivided land with water or sewer services
unless the utility receives a certificate issued by the
commissioners court under Section 232.208(a) or receives a
determination from the commissioners court under Section
232.208(b)(1) that the plat has been reviewed and approved by the
commissioners court.
(b) An electric, gas, water, or sewer service utility may
serve or connect subdivided land with water, sewer, electricity,
gas, or other utility service regardless of whether the utility
receives a certificate issued by the commissioners court under
Section 232.208(a) or receives a determination from the
commissioners court under Section 232.208(b) if the utility is
provided with a certificate issued by the commissioners court that
states that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider by any
means of conveyance, including a contract for deed or executory
contract:
(i) before September 1, 1995; or
(ii) before September 1, 1999, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42;
(B) has not been subdivided after September 1,
1995, or September 1, 1999, as applicable under Paragraph (A);
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun on or before May 1, 2003; and
(D) has had adequate sewer services installed to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code;
(2) the subdivided land is a lot of record and has
adequate sewer services installed that are fully operable to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code; or
(3) the land was not subdivided after September 1,
1995, and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(c) A utility may provide utility service to subdivided land
described by Subsection (c)(1), (2), or (3) only if the person
requesting service:
(1) is not the land's subdivider or the subdivider's
agent; and
(2) provides to the utility a certificate described by
Subsection (c).
(d) A person requesting service may obtain a certificate
under Subsection (c)(1), (2), or (3) only if the person is the owner
or purchaser of the subdivided land and provides to the
commissioners court documentation containing:
(1) a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider before September 1, 1995, or before September 1, 1999,
as applicable under Subsection (c);
(2) a notarized affidavit by that person requesting
service under Subsection (c)(1) that states that construction of a
residence on the land, evidenced by at least the existence of a
completed foundation, was begun on or before May 1, 2003, and the
request for utility connection or service is to connect or serve a
residence described by Subsection (c)(1)(C);
(3) a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after September 1, 1995, or September 1, 1999, as
applicable under Subsection (c); and
(4) evidence that adequate sewer service or facilities
have been installed and are fully operable to service the lot or
dwelling from an entity described by Section 232.201(14) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety
Code.
(e) On request, the commissioners court shall provide to the
attorney general and any appropriate local, county, or state law
enforcement official a copy of any document on which the
commissioners court relied in determining the legality of providing
service.
(f) This section may not be construed to abrogate any civil
or criminal proceeding or prosecution or to waive any penalty
against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(g) The prohibition established by this section shall not
prohibit a water, sewer, electric, or gas utility from providing
water, sewer, electric, or gas utility connection or service to a
lot sold, conveyed, or purchased through a contract for deed or
executory contract or other device by a subdivider prior to July 1,
1995, or September 1, 1999, if on August 31, 1999, the subdivided
land was located in the extraterritorial jurisdiction of a
municipality that has adequate sewer services installed that are
fully operable to service the lot, as determined by an authorized
agent responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code, and was
subdivided by a plat approved prior to September 1, 1989.
(h) In this section, "foundation" means the lowest division
of a residence, usually consisting of a masonry slab or a pier and
beam structure, that is partly or wholly below the surface of the
ground and on which the residential structure rests.
(i) Subject to Subsections (k) and (l), a utility that does
not hold a certificate issued by, or has not received a
determination from, the commissioners court under Section 232.208
to serve or connect subdivided property with water, sewer,
electricity or gas may provide that service to a single-family
residential dwelling on that property if:
(1) the person requesting utility service is the owner
and occupant of the residential dwelling; and
(2) the utility previously provided the utility
service to the property for the person requesting the service;
(3) the utility service provided as described by
Subdivision (2) was terminated not earlier than five years before
the date on which the person requesting utility service submits an
application for that service; and
(4) providing the utility service will not result in:
(A) an increase in the volume of utility service
provided to the property; or
(B) more than one utility connection for each
single-family residential dwelling located on the property.
(j) A utility may provide service under Subsection (k) only
if the person requesting the service provides to the commissioners
court documentation that evidences compliance with the
requirements of Subsection (j) and that is satisfactory to the
commissioners court.
(k) A utility may not serve or connect subdivided property
as described by Subsection (k) if, on or after September 1, 2007,
any existing improvements on that property are modified.
(l) Except as provided by Subsection (o), this section does
not prohibit a water or sewer utility from providing water or sewer
utility connection or service to a residential dwelling that:
(m) is provided water or wastewater facilities under or in
conjunction with a federal or state funding program designed to
address inadequate water or wastewater facilities in colonias or to
residential lots located in a county described by Section
232.202(a)(1);
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
(4) is located in a project for which the municipality
with jurisdiction over the project or the approval of plats within
the project area has approved the improvement project by order,
resolution, or interlocal agreement under Chapter 791, Government
Code, if applicable.
(n) A utility may not serve any subdivided land with water
utility connection or service under Subsection (n) unless the
entity receives a determination from the county commissioners court
under Section 232.208(b)(3) that adequate sewer services have been
installed to service the lot or dwelling.
(o) The commissioners court may impose a fee for a
certificate issued under this section for a subdivision which is
located in the county and not within the limits of a municipality.
The amount of the fee may be the greater of $30 or the amount of the
fee imposed by the municipality for a subdivision that is located
entirely in the extraterritorial jurisdiction of the municipality
for a certificate issued under Section 212.0115. A person who
obtains a certificate under this section is not required to obtain a
certificate under Section 212.0115.
Sec. 232.210. SUBDIVISION REGULATION; COUNTY AUTHORITY.
(a) The commissioners court for each county shall adopt and enforce
the model rules developed under Section 16.343, Water Code.
(b) Except as provided by Section 16.350(d), Water Code, or
Section 232.222 or 232.223, the commissioners court may not grant a
variance or adopt regulations that waive any requirements of this
subchapter.
(c) The commissioners court shall adopt regulations setting
forth requirements for:
(1) potable water sufficient in quality and quantity
to meet minimum state standards;
(2) solid waste disposal meeting minimum state
standards and rules adopted by the county under Chapter 364, Health
and Safety Code;
(3) sufficient and adequate roads that satisfy the
standards adopted by the county;
(4) sewer facilities meeting minimum state standards;
(5) electric service and gas service; and
(6) standards for flood management meeting the minimum
standards set forth by the Federal Emergency Management Agency
under the National Flood Insurance Act of 1968 (42 U.S.C. Sections
4001 through 4127).
(d) In adopting regulations under Subsection (c)(2), the
commissioners court may allow one or more commercial providers to
provide solid waste disposal services as an alternative to having
the service provided by the county.
Sec. 232.2105. COUNTY INSPECTOR. (a) The commissioners
court may impose a fee on a subdivider of property under this
subchapter for an inspection of the property to ensure compliance
with the subdivision regulations adopted under this subchapter,
Section 16.343, Water Code, or other law.
(b) Fees collected under this section may be used only to
fund inspections conducted under this section.
Sec. 232.211. REQUIREMENTS PRIOR TO SALE OR LEASE. (a)
Except as provided by Subsection (d), a subdivider may not sell or
lease land in a subdivision first platted or replatted after July 1,
1995, unless the subdivision plat is approved by the commissioners
court in accordance with Section 232.204.
(b) Not later than the 30th day after the date a lot is sold,
a subdivider shall record with the county clerk all sales
contracts, including the attached disclosure statement required by
Section 232.213, leases, and any other documents that convey an
interest in the subdivided land.
(c) A document filed under Subsection (b) is a public
record.
(d) In a county defined under Section 232.202(a)(2), a
subdivider may not sell or lease land in a subdivision first platted
or replatted after September 1, 2005, unless the subdivision plat
is approved by the commissioners court in accordance with Section
232.204.
Sec. 232.2115. NOTICE OF WATER AND WASTEWATER REQUIREMENTS
BY POLITICAL SUBDIVISIONS. (a) This section applies only to a
county or other political subdivision located in the county that
sells:
(1) under Section 34.01, Tax Code, real property
presumed to be for residential use under Section 232.202; or
(2) under Section 3, Part VI, Texas Rules of Civil
Procedure, and Chapter 34, Civil Practice and Remedies Code, real
property presumed to be for residential use under Section 232.202,
taken by virtue of a writ of execution.
(b) A county or other political subdivision located in the
county shall include in the public notice of sale of the property
and the deed conveying the property a statement substantially
similar to the following:
"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR
JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND
INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.
"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY
WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER NOR THE
SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT
THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.
"IN SOME SITUATIONS, A LOT OF LESS THAN FIVE ACRES IS PRESUMED
TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS
WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR
RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION
SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL."
(c) The statement required by Subsection (b) must be:
(1) printed:
(A) in English and Spanish; and
(B) in 14-point boldface type or 14-point
uppercase typewritten letters; and
(2) read aloud at the sale, in English and Spanish, by
an agent of the county.
(d) A sale conducted in violation of this section is void.
Sec. 232.212. SERVICES PROVIDED BY SUBDIVIDER. A
subdivider having an approved plat for a subdivision shall:
(1) furnish a certified letter from the utility
provider stating that water is available to the subdivision
sufficient in quality and quantity to meet minimum state standards
required by Section 16.343, Water Code, and consistent with the
certification in the letter, and that water of that quality and
quantity will be made available to the point of delivery to all lots
in the subdivision;
(2) furnish sewage treatment facilities that meet
minimum state standards to fulfill the wastewater requirements of
the subdivision or furnish certification by the appropriate county
or state official having jurisdiction over the approval of the
septic systems indicating that lots in the subdivision can be
adequately and legally served by septic systems as provided under
Chapter 366, Health and Safety Code;
(3) furnish roads satisfying minimum standards as
adopted by the county;
(4) furnish adequate drainage meeting standard
engineering practices; and
(5) make a reasonable effort to have electric utility
service and gas utility service installed by a utility.
Sec. 232.213. ADVERTISING STANDARDS AND OTHER REQUIREMENTS
BEFORE SALE; OFFENSE. (a) Brochures, publications, and advertising
of any form relating to subdivided land:
(1) may not contain any misrepresentation; and
(2) except for a for-sale sign posted on the property
that is no larger than three feet by three feet, must accurately
describe the availability of water and sewer service facilities and
electric and gas utilities.
(b) The subdivider shall provide a copy in Spanish of all
written documents relating to the sale of subdivided land under an
executory contract, including the contract, disclosure notice, and
annual statement required by this section and a notice of default
required by Subchapter D, Chapter 5, Property Code, if:
(1) negotiations that precede the execution of the
executory contract are conducted primarily in Spanish; or
(2) the purchaser requests the written documents to be
provided in Spanish.
(c) Before an executory contract is signed by the purchaser,
the subdivider shall provide the purchaser with a written notice,
which must be attached to the executory contract, informing the
purchaser of the condition of the property that must, at a minimum,
be executed by the subdivider and purchaser, be acknowledged, and
read substantially similar to the following:
IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE
TO LIVE ON THE PROPERTY.
WARNING
CONCERNING THE PROPERTY AT (street address or legal description and
municipality)
THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE
CONSIDERING PURCHASING.
CHECK OFF THE ITEMS THAT ARE TRUE:
___ The property is in a recorded subdivision.
___ The property has water service that provides potable water.
___ The property has sewer service or a septic system.
___ The property has electric service.
___ The property is not in a flood-prone area.
___ The roads are paved.
___ No person other than the subdivider:
(1) owns the property;
(2) has a claim of ownership to the property; or
(3) has an interest in the property.
___ No person has a lien filed against the property.
___ There are no back taxes owed on the property.
NOTICE
SELLER ADVISES PURCHASER TO:
(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT
REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
COVERING THE PROPERTY.
__________________ _______________
____________
(Date) (Signature of Subdivider)
__________________ _______________
____________
(Date) (Signature of Purchaser)
(d) The subdivider shall provide any purchaser who is sold a
lot under an executory contract with an annual statement in January
of each year for the term of the executory contract. If the
subdivider mails the statement to the purchaser, the statement must
be postmarked not later than January 31.
(e) The statement under Subsection (d) must include the
following information:
(1) the amount paid under the contract;
(2) the remaining amount owed under the contract;
(3) the annual interest rate charged under the
contract during the preceding 12-month period; and
(4) the number of payments remaining under the
contract.
(f) If the subdivider fails to comply with Subsections (d)
and (e), the purchaser may:
(1) notify the subdivider that the purchaser has not
received the statement and will deduct 15 percent of each monthly
payment due until the statement is received; and
(2) not earlier than the 25th day after the date the
purchaser provides the subdivider notice under this subsection,
deduct 15 percent of each monthly payment due until the statement is
received by the purchaser.
(g) A purchaser who makes a deduction under Subsection (f)
is not required to reimburse the subdivider for the amount
deducted.
(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.
(i) A person who holds a real estate broker's or sales
agent's license under Chapter 1101, Occupations Code, acting in the
person's capacity as a real estate broker or sales agent, other than
a person who is a director, officer, or employee of the seller or
subdivider or who is otherwise affiliated with the seller or
subdivider, is not an agent of a seller or subdivider for purposes
of this section.
Sec. 232.214. CONFLICT OF INTEREST; PENALTY. (a) In this
section, "subdivided tract" means a tract of land, as a whole, that
is subdivided into tracts or lots. The term does not mean an
individual lot in a subdivided tract of land.
(b) A person has an interest in a subdivided tract if the
person:
(1) has an equitable or legal ownership interest in
the tract;
(2) acts as a developer of the tract;
(3) owns voting stock or shares of a business entity
that:
(A) has an equitable or legal ownership interest
in the tract; or
(B) acts as a developer of the tract; or
(4) receives in a calendar year money or any thing of
value from a business entity described by Subdivision (3).
(c) A person also is considered to have an interest in a
subdivided tract if the person is related in the second degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to a person who, under Subsection (b), has an
interest in the tract.
(d) If a member of the commissioners court has an interest
in a subdivided tract, the member shall file, before a vote or
decision regarding the approval of a plat for the tract, an
affidavit with the county clerk stating the nature and extent of the
interest and shall abstain from further participation in the
matter. The affidavit must be filed with the county clerk.
(e) A member of the commissioners court of a county commits
an offense if the member violates Subsection (d). An offense under
this subsection is a Class A misdemeanor.
(f) The finding by a court of a violation of this section
does not render voidable an action of the commissioners court
unless the measure would not have passed the commissioners court
but for the vote of the member who violated this section.
(g) A conviction under Subsection (e) constitutes official
misconduct by the member and is grounds for removal from office.
Sec. 232.215. CIVIL PENALTIES. (a) A subdivider or an agent
of a subdivider may not cause, suffer, allow, or permit a lot to be
sold in a subdivision if the subdivision has not been platted as
required by this subchapter.
(b) Notwithstanding any other remedy at law or equity, a
subdivider or an agent of a subdivider may not cause, suffer, allow,
or permit any part of a subdivision over which the subdivider or an
agent of the subdivider has control, or a right of ingress and
egress, to become a public health nuisance as defined by Section
341.011, Health and Safety Code.
(c) A subdivider who fails to provide, in the time and
manner described in the plat, for the construction or installation
of water or sewer service facilities described on the plat or on the
document attached to the plat or who otherwise violates this
subchapter or a rule or requirement adopted by the commissioners
court under this subchapter is subject to a civil penalty of not
less than $500 or more than $1,000 for each violation and for each
day of a continuing violation but not to exceed $5,000 each day and
shall also pay court costs, investigative costs, and attorney's
fees for the governmental entity bringing the suit.
(d) Except as provided by Subsection (e), a person who
violates Subsection (a) or (b) is subject to a civil penalty of not
less than $10,000 or more than $15,000 for each lot conveyed or each
subdivision that becomes a nuisance. The person must also pay court
costs, investigative costs, and attorney's fees for the
governmental entity bringing the suit.
(e) A person who violates Subsection (b) is not subject to a
fine under Subsection (d) if the person corrects the nuisance not
later than the 30th day after the date the person receives notice
from the attorney general or a local health authority of the
nuisance.
(f) Venue for an action under this section is in a district
court of Travis County, a district court in the county in which the
defendant resides, or a district court in the county in which the
violation or threat of violation occurs.
(g) A person who holds a real estate broker's or sales
agent's license under Chapter 1101, Occupations Code, acting in the
person's capacity as a real estate broker or sales agent, other than
a person who is a director, officer, or employee of the owner of the
lot or who is otherwise affiliated with the owner of the lot, is not
an agent of a seller or subdivider for purposes of this section.
Sec. 232.216. CRIMINAL PENALTIES. (a) A subdivider commits
an offense if the subdivider knowingly fails to file a plat required
by this subchapter. An offense under this subsection is a Class A
misdemeanor.
(b) A subdivider who owns a subdivision commits an offense
if the subdivider knowingly fails to timely provide for the
construction or installation of water or sewer service as required
by Section 232.212 or fails to make a reasonable effort to have
electric utility service and gas utility service installed by a
utility as required by Section 232.212. An offense under this
subsection is a Class A misdemeanor.
(c) If it is shown at the trial of an offense under
Subsection (a) that the defendant caused five or more residences in
the subdivision to be inhabited, the offense is a state jail felony.
(d) A subdivider commits an offense if the subdivider allows
the conveyance of a lot in the subdivision without the appropriate
water and sewer utilities as required by Section 232.212 or without
having made a reasonable effort to have electric utility service
and gas utility service installed by a utility as required by
Section 232.212. An offense under this section is a Class A
misdemeanor. Each lot conveyed constitutes a separate offense.
(e) Venue for prosecution for a violation under this section
is in the county in which any element of the violation is alleged to
have occurred or in Travis County.
Sec. 232.217. ENFORCEMENT. (a) The attorney general, or
the district attorney, criminal district attorney, county attorney
with felony responsibilities, or county attorney of the county may
take any action necessary in a court of competent jurisdiction on
behalf of the state or on behalf of residents to:
(1) enjoin the violation or threatened violation of
the model rules adopted under Section 16.343, Water Code;
(2) enjoin the violation or threatened violation of a
requirement of this subchapter or a rule adopted by the
commissioners court under this subchapter;
(3) recover civil or criminal penalties, attorney's
fees, litigation costs, and investigation costs; and
(4) require platting or replatting under Section
232.220.
b) The attorney general, at the request of the district or
county attorney with jurisdiction, may conduct a criminal
prosecution under Section 232.213(h) or 232.216.
(c) During the pendency of any enforcement action brought,
any resident of the affected subdivision, or the attorney general,
district attorney, or county attorney on behalf of a resident, may
file a motion against the provider of utilities to halt termination
of pre-existing utility services. The services may not be
terminated if the court makes an affirmative finding after hearing
the motion that termination poses a threat to public health,
safety, or welfare of the residents.
(d) This subchapter is subject to the applicable
enforcement provisions prescribed by Sections 16.352, 16.353,
16.354, and 16.3545, Water Code.
(e) A court having jurisdiction of an enforcement action
under this section shall dismiss the action if:
(1) the defendant remedies the violation that is the
subject of the enforcement action not later than the 45th day after
the date the defendant receives notice of the action; and
(2) the defendant shows good cause for the dismissal.
Sec. 232.218. SUIT BY PRIVATE PERSON IN ECONOMICALLY
DISTRESSED AREA. (a) Except as provided by Subsection (b), a person
who has purchased or is purchasing a lot after July 1, 1995, in a
subdivision for residential purposes that does not have water and
sewer services as required by this subchapter and is located in an
economically distressed area, as defined by Section 17.921, Water
Code, from a subdivider, may bring suit in the district court in
which the property is located or in a district court in Travis
County to:
(1) declare the sale of the property void, require the
subdivider to return the purchase price of the property, and
recover from the subdivider:
(A) the market value of any permanent
improvements the person placed on the property;
(B) actual expenses incurred as a direct result
of the failure to provide adequate water and sewer facilities;
(C) court costs; and
(D) reasonable attorney's fees; or
(2) enjoin a violation or threatened violation of
Section 232.212, require the subdivider to plat or replat under
Section 232.220, and recover from the subdivider:
(A) actual expenses incurred as a direct result
of the failure to provide adequate water and sewer facilities;
(B) court costs; and
(C) reasonable attorney's fees.
(b) If the lot is located in a county defined under Section
232.202(a)(2), a person may only bring suit under Subsection (a) if
the person purchased or is purchasing the lot after September 1,
2005.
Sec. 232.219. CANCELLATION OF SUBDIVISION. (a) A
subdivider of land may apply to the commissioners court to cancel
all or part of the subdivision in the manner provided by Section
232.008 after notice and hearing as provided by this section.
(b) A resident of a subdivision for which the subdivider has
applied for cancellation under Subsection (a) has the same rights
as a purchaser of land under Section 232.008.
(c) The notice required by Section 232.008(c) must also be
published in Spanish in the newspaper of highest circulation and in
a Spanish-language newspaper in the county if available.
(d) Not later than the 14th day before the date of the
hearing, the county chief appraiser shall by regular and certified
mail provide notice containing the information described by Section
232.008(c) to:
(1) each person who pays property taxes in the
subdivision, as determined by the most recent tax roll; and
(2) each person with an interest in the property.
(e) The commissioners court may require a subdivider to
provide the court with the name and last known address of each
person with an interest in the property. For purposes of this
subsection, a person residing on a lot purchased through an
executory contract has an interest in the property.
(f) A person who fails to provide information requested
under Subsection (e) before the 31st day after the date the request
is made is liable to the state for a penalty of $500 for each week
the person fails to provide the information.
(g) The commissioners court may cancel a subdivision only
after a public hearing. At the hearing, the commissioners court
shall permit any interested person to be heard. At the conclusion of
the hearing, the commissioners court shall adopt an order on
whether to cancel the subdivision.
Sec. 232.220. REPLATTING. (a) A subdivision plat must
accurately reflect the subdivision as it develops. If there is any
change, either by the intentional act of the subdivider or by the
forces of nature, including changes in the size or dimension of lots
or the direction or condition of the roads, a plat must be revised
in accordance with Section 232.221.
(b) Except as provided by Subsection (c), a lot in a
subdivision may not be sold if the lot lacks water and sewer
services as required by this subchapter unless the lot is platted or
replatted as required by this subchapter. A subdivider or agent of a
subdivider may not transfer a lot through an executory contract or
other similar conveyance to evade the requirements of this
subchapter. The prohibition in this subsection includes the sale of
a lot:
(1) by a subdivider who regains possession of a lot
previously exempt under Subsection (c) through the exercise of a
remedy described in Section 5.064, Property Code; or
(2) for which it is shown at a proceeding brought in
the district court in which the property is located that the sale of
a lot otherwise exempt under Subsection (c) was made for the purpose
of evading the requirements of this subchapter.
(c) Subsection (b) does not apply if a seller other than a
subdivider or agent of a subdivider resides on the lot.
(d) The attorney general or a district or county attorney
with jurisdiction may bring a proceeding under Subsection (b).
(e) Existing utility services to a subdivision that must be
platted or replatted under this section may not be terminated under
Section 232.209 or 232.2091.
Sec. 232.221. REVISION OF PLAT. (a) A person who has
subdivided land that is subject to the subdivision controls of the
county in which the land is located may apply in writing to the
commissioners court of the county for permission to revise the
subdivision plat filed for record with the county clerk.
(b) Except as provided by Subsection (b-1), after the
application is filed with the commissioners court, the court shall
publish a notice of the application in a newspaper of general
circulation in the county. The notice must include a statement of
the time and place at which the court will meet to consider the
application and to hear protests to the revision of the plat. The
notice must be published at least three times during the period that
begins on the 30th day and ends on the seventh day before the date of
the meeting. If all or part of the subdivided tract has been sold to
nondeveloper owners, the court shall also give notice to each of
those owners by certified or registered mail, return receipt
requested, at the owner's address in the subdivided tract.
(b-1) If the commissioners court determines that the
revision to the subdivision plat does not affect a public interest
or public property of any type, including, but not limited to, a
park, school, or road, the notice requirements under Subsection (b)
do not apply to the application and the commissioners court shall:
(1) provide written notice of the application to the
owners of the lots that are within 200 feet of the subdivision plat
to be revised, as indicated in the most recent records of the
central appraisal district of the county in which the lots are
located; and
(2) if the county maintains an Internet website, post
notice of the application continuously on the website for at least
30 days preceding the date of the meeting to consider the
application until the day after the meeting.
(c) During a regular term of the commissioners court, the
court shall adopt an order to permit the revision of the subdivision
plat if it is shown to the court that:
(1) the revision will not interfere with the
established rights of any owner of a part of the subdivided land; or
(2) each owner whose rights may be interfered with has
agreed to the revision.
(d) If the commissioners court permits a person to revise a
subdivision plat, the person may make the revision by filing for
record with the county clerk a revised plat or part of a plat that
indicates the changes made to the original plat.
(e) The commissioners court may impose a fee for filing an
application under this section. The amount of the fee must be based
on the cost of processing the application, including publishing the
notices required under Subsection (b) or (b-1).
Sec. 232.222. VARIANCES FROM REPLATTING REQUIREMENTS. (a)
On request of a subdivider or resident purchaser, the commissioners
court may grant a delay or a variance from compliance with Section
232.220 as provided by this section.
(b) The commissioners court may grant a delay of two years
if the reason for the delay is to install utilities. A person may
apply for one renewal of a delay under this subsection. To obtain an
initial delay under this subsection, a subdivider must:
(1) identify the affected utility providers;
(2) provide the terms and conditions on which service
may be provided; and
(3) provide a certified letter from each utility
provider stating that it has the right to serve the area and it will
serve the area.
(c) The commissioners court may grant a delay or a variance
for a reason other than a reason described by Subsection (b) if it
is shown that compliance would be impractical or would be contrary
to the health and safety of residents of the subdivision. The
commissioners court must issue written findings stating the reasons
why compliance is impractical.
(d) A delay or a variance granted by the commissioners court
is valid only if the commissioners court notifies the attorney
general of the delay or variance and the reasons for the delay or
variance not later than the 30th day after the date the
commissioners court grants the delay or variance.
(e) Until approved water and sewer services are made
available to the subdivision, the subdivider of land for which a
delay is granted under this section must provide at no cost to
residents:
(1) 25 gallons of potable water a day for each resident
and a suitable container for storing the water; and
(2) suitable temporary sanitary wastewater disposal
facilities.
Sec. 232.223. VARIANCES FROM PLATTING REQUIREMENTS. (a) On
the request of a subdivider who created an unplatted subdivision or
a resident purchaser of a lot in the subdivision, the commissioners
court of a county may grant:
(1) a delay or variance from compliance with the
subdivision requirements prescribed by Section 232.203(b)(8) or
(9), 232.205(1), (2), (3), (4), or (5), or 232.210(c)(2), (3), (5),
or (6); or
(2) a delay or variance for an individual lot from
compliance with the requirements prescribed by the model
subdivision rules adopted under Section 16.343, Water Code, for:
(A) the distance that a structure must be set
back from roads or property lines; or
(B) the number of single-family, detached
dwellings that may be located on a lot.
(b) If the commissioners court makes a written finding that
the subdivider who created the unplatted subdivision no longer owns
property in the subdivision, the commissioners court may grant a
delay or variance under this section only if:
(1) a majority of the lots in the subdivision were sold
before:
(A) September 1, 1995, in a county defined under
Section 232.202(a)(1); or
(B) September 1, 2005, in a county defined under
Section 232.202(a)(2);
(2) a majority of the resident purchasers in the
subdivision sign a petition supporting the delay or variance;
(3) the person requesting the delay or variance
submits to the commissioners court:
(A) a description of the water and sewer service
facilities that will be constructed or installed to service the
subdivision;
(B) a statement specifying the date by which the
water and sewer service facilities will be fully operational; and
(C) a statement signed by an engineer licensed in
this state certifying that the plans for the water and sewer
facilities meet the minimum state standards;
(4) the commissioners court finds that the unplatted
subdivision at the time the delay or variance is requested is
developed in a manner and to an extent that compliance with specific
platting requirements is impractical or contrary to the health or
safety of the residents of the subdivision; and
(5) the subdivider who created the unplatted
subdivision has not violated local law, federal law, or state law,
excluding this chapter, in subdividing the land for which the delay
or variance is requested, if the subdivider is the person
requesting the delay or variance.
(c) If the commissioners court makes a written finding that
the subdivider who created the unplatted subdivision owns property
in the subdivision, the commissioners court may grant a provisional
delay or variance only if the requirements of Subsection (b) are
satisfied. The commissioners court may issue a final grant of the
delay or variance only if the commissioners court has not received
objections from the attorney general before the 91st day after the
date the commissioners court submits the record of its proceedings
to the attorney general as prescribed by Subsection (d).
(d) If the commissioners court grants a delay or variance
under this section, the commissioners court shall:
(1) make findings specifying the reason compliance
with each requirement is impractical or contrary to the health or
safety of residents of the subdivision;
(2) keep a record of its proceedings and include in the
record documentation of the findings and the information submitted
under Subsection (b); and
(3) submit a copy of the record to the attorney
general.
(e) The failure of the attorney general to comment or object
to a delay or variance granted under this section does not
constitute a waiver of or consent to the validity of the delay or
variance granted.
(f) This section does not affect a civil suit filed against,
a criminal prosecution of, or the validity of a penalty imposed on a
subdivider for a violation of law, regardless of the date on which
the violation occurred.
Sec. 232.224. AMENDING PLAT. The commissioners court may
approve and issue an amending plat under this subchapter in the same
manner, for the same purposes, and subject to the same related
provisions as provided by Section 232.011.
Sec. 232.225. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS
TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) A commissioners court
by order may implement a process:
(1) applicable to a subdivision in which 50 percent or
more of the lots are undeveloped or unoccupied on or after the 25th
anniversary of the date the plat for the subdivision was recorded
with the county; and
(2) through which the county, to the extent
practicable, may apply to the subdivision more current street,
road, drainage, and other infrastructure requirements.
(b) A regulation or standard adopted by a county under this
section must be no less stringent than the minimum standards and
other requirements under the model rules for safe and sanitary
water supply and sewer services adopted under Section 16.343, Water
Code, and any other minimum public safety standards that would
otherwise be applicable to the subdivision.
(c) A regulation or standard adopted by a county under this
section applies only to a lot that is owned by an individual, firm,
corporation, or other legal entity that directly or indirectly
offers lots for sale or lease as part of a common promotional plan
in the ordinary course of business, and each regulation or standard
must expressly state that limitation. For the purposes of this
subsection, "common promotional plan" means a plan or scheme of
operation undertaken by a person or a group acting in concert,
either personally or through an agent, to offer for sale or lease
more than two lots when the land is:
(1) contiguous or part of the same area of land; or
(2) known, designated, or advertised as a common unit
or by a common name.
SECTION 5. Section 16.343(f), Water Code, is amended to
read as follows:
(f) The model rules may impose a platting or replatting
requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except
as may be required by an agreement developed under Chapter 242,
Local Government Code, a municipality that has adopted the model
rules may impose the applicable platting requirements of Chapter
212, Local Government Code, and a county that has adopted the model
rules may impose the applicable platting requirements of Chapter
232, Local Government Code, to real property that is required to be
platted or replatted by the model rules under this section. The
model rules do not supersede an exception to a platting requirement
that is:
(1) within a county that borders the United Mexican
States and the Gulf of Mexico; and
(2) prescribed by Chapter 232, Local Government Code.
SECTION 6. Section 16.350(d), Water Code, is amended to
read as follows:
(d) A county or municipality that receives funds or
financial assistance under Section 15.407 of this code or
Subchapter K, Chapter 17, of this code may grant an exemption for a
subdivision from the requirements of the model rules only if:
(1) the county or municipality supplies the
subdivision with water supply and sewer services that meet the
standards of the model rules; or
(2) the subdivision:
(A) is within a county that borders the United
Mexican States and the Gulf of Mexico; and
(B) involves four or fewer lots that:
(i) front an existing street that meets the
standards adopted by the county or municipality and does not
require the creation of any new street; and
(ii) may connect to an existing water
supply and sewer service located within 50 feet of each lot in the
subdivision that meets the standards of the model rules and does not
require the extension of water or sewer facilities.
SECTION 7. This Act takes effect September 1, 2025.