Texas 2025 - 89th Regular

Texas Senate Bill SB2577 Compare Versions

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1	1	By: Hinojosa of Nueces S.B. No. 2577
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to subdivision plat requirements in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 232.0015(b), Local Government Code, is
11	11	amended to read as follows:
12	12	(b) Except as provided by Section 232.0013, this subchapter
13	13	does not apply to a subdivision of land to which Subchapter B or
14	14	Subchapter G applies.
15	15	SECTION 2. Section 232.022, Local Government Code, is
16	16	amended by amending Subsection (a) and adding Subsection (a-1) to
17	17	read as follows:
18	18	(a) Except as provided by Subsection (a-1), this [This]
19	19	subchapter applies only to:
20	20	(1) a county any part of which is located within 50
21	21	miles of an international border; or
22	22	(2) a county:
23	23	(A) any part of which is located within 100 miles
24	24	of an international border;
25	25	(B) that contains the majority of the area of a
26	26	municipality with a population of more than 250,000; and
27	27	(C) to which Subdivision (1) does not apply.
28	28	(a-1) This subchapter does not apply to a county that
29	29	borders:
30	30	(1) the United Mexican States; and
31	31	(2) the Gulf of Mexico.
32	32	SECTION 3. Section 232.071, Local Government Code, is
33	33	amended to read as follows:
34	34	Sec. 232.071. APPLICABILITY. This subchapter applies only
35	35	to the subdivision of land located:
36	36	(1) outside the corporate limits of a municipality;
37	37	and
38	38	(2) in a county:
39	39	(A) in which is located a political subdivision
40	40	that is eligible for and has applied for financial assistance under
41	41	Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
42	42	Code; and
43	43	(B) to which Subchapters [Subchapter] B and G do
44	44	[does] not apply.
45	45	SECTION 4. Chapter 232, Local Government Code, is amended
46	46	by adding Subchapter G to read as follows:
47	47	SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN
48	48	COUNTIES
49	49	Sec. 232.201. DEFINITIONS. In this subchapter:
50	50	(1) "Board" means the Texas Water Development Board.
51	51	(2) "Common promotional plan" means any plan or scheme
52	52	of operation undertaken by a single subdivider or a group of
53	53	subdividers acting in concert, either personally or through an
54	54	agent, to offer for sale or lease lots when the land is:
55	55	(A) contiguous or part of the same area of land;
56	56	or
57	57	(B) known, designated, or advertised as a common
58	58	unit or by a common name.
59	59	(3) "Executive administrator" means the executive
60	60	administrator of the Texas Water Development Board.
61	61	(4) "Floodplain" means any area in the 100-year
62	62	floodplain that is susceptible to being inundated by water from any
63	63	source or that is identified by the Federal Emergency Management
64	64	Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
65	65	Sections 4001 through 4127).
66	66	(5) "Lease" includes an offer to lease.
67	67	(6) "Lot" means a parcel into which land is divided.
68	68	(7) "Lot of record" means:
69	69	(A) a lot, the boundaries of which were
70	70	established by a plat recorded in the office of the county clerk
71	71	before September 1, 1989, that has not been subdivided after
72	72	September 1, 1989; or
73	73	(B) a lot, the boundaries of which were
74	74	established by a metes and bounds description in a deed of
75	75	conveyance, a contract of sale, or other executory contract to
76	76	convey real property that has been legally executed and recorded in
77	77	the office of the county clerk before September 1, 1989, that has
78	78	not been subdivided after September 1, 1989.
79	79	(8) "Minimum state standards" means the minimum
80	80	standards set out for:
81	81	(A) adequate drinking water by or under Section
82	82	16.343(b)(1), Water Code;
83	83	(B) adequate sewer facilities by or under Section
84	84	16.343(c)(1), Water Code; or
85	85	(C) the treatment, disposal, and management of
86	86	solid waste by or under Chapters 361 and 364, Health and Safety
87	87	Code.
88	88	(9) "Plat" means a map, chart, survey, plan, or replat
89	89	containing a description of the subdivided land with ties to
90	90	permanent landmarks or monuments.
91	91	(10) "Sell" includes an offer to sell.
92	92	(11) "Sewer," "sewer services," or "sewer facilities"
93	93	means treatment works as defined by Section 17.001, Water Code, or
94	94	individual, on-site, or cluster treatment systems such as septic
95	95	tanks and includes drainage facilities and other improvements for
96	96	proper functioning of septic tank systems.
97	97	(12) "Subdivide" means to divide the surface area of
98	98	land into lots.
99	99	(13) "Subdivider" means an individual, firm,
100	100	corporation, or other legal entity that directly or indirectly
101	101	subdivides land into lots for sale or lease as part of a common
102	102	promotional plan in the ordinary course of business.
103	103	(14) "Subdivision" means an area of land that has been
104	104	subdivided into lots for sale or lease.
105	105	(15) "Utility" means a person, including a legal
106	106	entity or political subdivision, that provides the services of:
107	107	(A) an electric utility, as defined by Section
108	108	31.002, Utilities Code;
109	109	(B) a gas utility, as defined by Section 101.003,
110	110	Utilities Code; and
111	111	(C) a water and sewer utility, as defined by
112	112	Section 13.002, Water Code.
113	113	Sec. 232.202. APPLICABILITY. (a) This subchapter applies
114	114	only to a county that borders:
115	115	(1) the United Mexican States; and
116	116	(2) the Gulf of Mexico.
117	117	(b) This subchapter applies only to land that is subdivided
118	118	into two or more lots where at least one lot is less than five acres.
119	119	This subchapter does not apply if the subdivision:
120	120	(1) is incident to the conveyance of the land as a gift
121	121	between persons related to each other within the third degree by
122	122	affinity or consanguinity, as determined under Chapter 573,
123	123	Government Code;
124	124	(2) has received an exemption from a county under
125	125	Section 16.350(d), Water Code.
126	126	(c) Except as provided by Subsection (c-1), for purposes of
127	127	this section, land is considered to be in the jurisdiction of a
128	128	county if the land is located in the county and outside the
129	129	corporate limits of municipalities.
130	130	(d) Land in a municipality's extraterritorial jurisdiction
131	131	is not considered to be in the jurisdiction of a county for purposes
132	132	of this section if the municipality and the county have entered into
133	133	a written agreement under Section 242.001 that authorizes the
134	134	municipality to regulate subdivision plats and approve related
135	135	permits in the municipality's extraterritorial jurisdiction.
136	136	(e) This subchapter does not apply if all of the lots of the
137	137	subdivision are 5 acres or more.
138	138	Sec. 232.203. PLAT REQUIRED. (a) A subdivider of land must
139	139	have a plat of the subdivision prepared if at least one of the lots
140	140	of the subdivision is less than five acres. A commissioners court
141	141	may require each subdivider of land to prepare a plat if none of the
142	142	lots is less than five acres but at least one of the lots of a
143	143	subdivision is five acres or more but less than 10 acres under the
144	144	provisions and general platting requirements of Subchapter A.
145	145	(b) A subdivision of a tract under this section includes a
146	146	subdivision of real property by any method of conveyance, including
147	147	a contract for deed, oral contract, contract of sale, or other type
148	148	of executory contract, regardless of whether the subdivision is
149	149	made by using a metes and bounds description.
150	150	(c) A plat required under this section must:
151	151	(1) be certified by a surveyor or engineer registered
152	152	to practice in this state;
153	153	(2) define the subdivision by metes and bounds;
154	154	(3) locate the subdivision with respect to an original
155	155	corner of the original survey of which it is a part;
156	156	(4) describe each lot, number each lot in progression,
157	157	and give the dimensions of each lot;
158	158	(5) state the dimensions of and accurately describe
159	159	each lot, street, alley, square, park, or other part of the tract
160	160	intended to be dedicated to public use or for the use of purchasers
161	161	or owners of lots fronting on or adjacent to the street, alley,
162	162	square, park, or other part;
163	163	(6) include or have attached a document containing a
164	164	description in English and Spanish of the water and sewer
165	165	facilities and roadways and easements dedicated for the provision
166	166	of water and sewer facilities that will be constructed or installed
167	167	to service the subdivision and a statement specifying the date by
168	168	which the facilities will be fully operable;
169	169	(7) have attached a document prepared by an engineer
170	170	registered to practice in this state certifying that the water and
171	171	sewer service facilities proposed under Subdivision (6) are in
172	172	compliance with the model rules adopted under Section 16.343, Water
173	173	Code, and a certified estimate of the cost to install water and
174	174	sewer service facilities;
175	175	(8) provide for drainage in the subdivision to:
176	176	(A) avoid concentration of storm drainage water
177	177	from each lot to adjacent lots;
178	178	(B) provide positive drainage away from all
179	179	buildings; and
180	180	(C) coordinate individual lot drainage with the
181	181	general storm drainage pattern for the area;
182	182	(9) include a description of the drainage requirements
183	183	as provided in Subdivision (8);
184	184	(10) identify the topography of the area;
185	185	(11) include a certification by a surveyor or engineer
186	186	registered to practice in this state describing any area of the
187	187	subdivision that is in a floodplain or stating that no area is in a
188	188	floodplain; and
189	189	(12) include certification that the subdivider has
190	190	complied with the requirements of Section 232.212 and that:
191	191	(A) the water quality and connections to the lots
192	192	meet, or will meet, the minimum state standards;
193	193	(B) sewer connections to the lots or septic tanks
194	194	meet, or will meet, the minimum requirements of state standards;
195	195	(C) electrical connections provided to the lot
196	196	meet, or will meet, the minimum state standards; and
197	197	(D) gas connections, if available, provided to
198	198	the lot meet, or will meet, the minimum state standards.
199	199	(d) A subdivider may meet the requirements of Subsection
200	200	(b)(12)(B) through the use of a certificate issued by the
201	201	appropriate county or state official having jurisdiction over the
202	202	approval of septic systems stating that lots in the subdivision can
203	203	be adequately and legally served by septic systems.
204	204	(e) The subdivider of the tract must acknowledge the plat by
205	205	signing the plat and attached documents and attest to the veracity
206	206	and completeness of the matters asserted in the attached documents
207	207	and in the plat.
208	208	(f) The plat must be filed and recorded with the county
209	209	clerk of the county in which the tract is located. The plat is
210	210	subject to the filing and recording provisions of Section 12.002,
211	211	Property Code.
212	212	(g) The commissioners court may require a plat application
213	213	submitted for approval to include a digital map that is compatible
214	214	with other mapping systems used by the county and that
215	215	georeferences the subdivision plat and related public
216	216	infrastructure using the Texas Coordinate Systems adopted under
217	217	Section 21.071, Natural Resources Code. A digital map required
218	218	under this subsection may be required only in a format widely used
219	219	by common geographic information system software. A requirement
220	220	adopted under this subsection must provide for an exemption from
221	221	the requirement if the subdivider of the tract submits with the plat
222	222	application an acknowledged statement indicating that the digital
223	223	mapping technology necessary to submit a map that complies with
224	224	this subsection was not reasonably accessible.
225	225	Sec. 232.2031. EXCEPTIONS TO PLAT REQUIREMENT. (a) A
226	226	county may not require the owner of a tract of land located outside
227	227	the limits of a municipality who divides the tract into two or more
228	228	parts to have a plat of the subdivision prepared if:
229	229	(1) the lots are sold to adjoining landowners; and
230	230	(2) the lots are added to the adjoining parcel of land
231	231	owned by the purchasers.
232	232	(b) The purchaser of a lot described by Subsection (a) shall
233	233	provide to the commissioners court a metes and bounds description
234	234	of the adjoining parcel of land owned by the purchaser that has been
235	235	updated to reflect the addition of the purchased lot to the
236	236	adjoining parcel of land.
237	237	(c) A county may, subject to Subsection (d), in its sole
238	238	discretion and on a determination that good cause exists, grant an
239	239	exception to the plat requirements of this subchapter for an
240	240	individual lot that the county determines:
241	241	(1) is located within 50 feet of a service connection
242	242	to an existing public water system;
243	243	(2) is adjacent to a public road;
244	244	(3) has either:
245	245	(A) sufficient space to accommodate a sewer
246	246	service facility that complies with the model rules adopted under
247	247	Section 16.343, Water Code; or
248	248	(B) a connection for service to an existing
249	249	public sewer service within 50 feet.
250	250	(4) a civil engineer registered to practice in this
251	251	state and not affiliated with the owner of the lot has certified:
252	252	(A) has adequate drainage; and
253	253	(B) is not in a floodplain.
254	254	(d) Before granting an exception under Subsection (c), the
255	255	commissioners court must make a finding that specifies the reasons
256	256	for the court's determination that:
257	257	(1) good cause exists to grant the exception; and
258	258	(2) the lot meets the requirements for the exception
259	259	under Subsection (c).
260	260	(e) The commissioners court shall enter in the record of the
261	261	court's proceedings:
262	262	(1) the court's findings under Subsection (d); and
263	263	(2) the information submitted to the court to support
264	264	the court's determination under Subsection (c).
265	265	(f) The commissioners court may adopt rules and procedures
266	266	necessary to administer and enforce these exemptions.
267	267	Sec. 232.204. APPROVAL BY COUNTY REQUIRED. (a) A plat filed
268	268	under Section 232.203 is not valid unless the commissioners court
269	269	of the county in which the land is located approves the plat by an
270	270	order entered in the minutes of the court. The commissioners court
271	271	shall refuse to approve a plat if it does not meet the requirements
272	272	prescribed by or under this subchapter or if any bond required under
273	273	this subchapter is not filed with the county clerk.
274	274	(b) If any part of a plat applies to land intended for
275	275	residential housing and any part of that land lies in a floodplain,
276	276	the commissioners court shall not approve the plat unless:
277	277	(1) the subdivision is developed in compliance with
278	278	the minimum requirements of the National Flood Insurance Program
279	279	and local regulations or orders adopted under Section 16.315, Water
280	280	Code; and
281	281	(2) the plat evidences a restrictive covenant
282	282	prohibiting the construction of residential housing in any area of
283	283	the subdivision that is in a floodplain unless the housing is
284	284	developed in compliance with the minimum requirements of the
285	285	National Flood Insurance Program and local regulations or orders
286	286	adopted under Section 16.315, Water Code.
287	287	(c) On request, the county clerk shall provide the attorney
288	288	general or the Texas Water Development Board:
289	289	(1) a copy of each plat that is approved under this
290	290	subchapter; or
291	291	(2) the reasons in writing and any documentation that
292	292	support a variance granted under Section 232.202.
293	293	(d) The commissioners court of the county in which the land
294	294	is located may establish a planning commission as provided by
295	295	Subchapter D. The planning commission, including its findings and
296	296	decisions, is subject to the same provisions applicable to the
297	297	commissioners court under this subchapter, including Section
298	298	232.214 relating to conflicts of interest.
299	299	Sec. 232.2041. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
300	300	The commissioners court of a county or the court's designee may
301	301	designate to one or more officers or employees of the county the
302	302	authority to approve, approve with conditions, or disapprove a
303	303	plat:
304	304	(1) amending plats described in Sec. 232.011; or
305	305	(2) involving four or fewer lots that all meet the
306	306	requirements Sec. 232.2031(c).
307	307	(b) An applicant has the right to appeal to the
308	308	commissioners court or the court's designee if the designated
309	309	person or persons disapprove a plat.
310	310	Sec. 232.205. SUBDIVISION REQUIREMENTS. By an order
311	311	adopted and entered in the minutes of the commissioners court, and
312	312	after a notice is published in English and Spanish in a newspaper of
313	313	general circulation in the county, the commissioners court shall
314	314	for each subdivision:
315	315	(1) require a right-of-way on a street or road that
316	316	functions as a main artery in a subdivision, of a width of not less
317	317	than 50 feet or more than 100 feet;
318	318	(2) require a right-of-way on any other street or road
319	319	in a subdivision of not less than 40 feet or more than 70 feet;
320	320	(3) require that the shoulder-to-shoulder width on
321	321	collectors or main arteries within the right-of-way be not less
322	322	than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
323	323	width on any other street or road be not less than 25 feet or more
324	324	than 35 feet;
325	325	(4) adopt, based on the amount and kind of travel over
326	326	each street or road in a subdivision, reasonable specifications
327	327	relating to the construction of each street or road;
328	328	(5) adopt reasonable specifications to provide
329	329	adequate drainage for each street or road in a subdivision in
330	330	accordance with standard engineering practices;
331	331	(6) require that each purchase contract made between a
332	332	subdivider and a purchaser of land in the subdivision contain a
333	333	statement describing how and when water, sewer, electricity, and
334	334	gas services will be made available to the subdivision; and
335	335	(7) require that the subdivider of the tract execute a
336	336	bond in the manner provided by Section 232.207.
337	337	Sec. 232.206. WATER AND SEWER SERVICE EXTENSION. (a) The
338	338	commissioners court may extend, beyond the date specified on the
339	339	plat or on the document attached to the plat, the date by which the
340	340	water and sewer service facilities must be fully operable if the
341	341	commissioners court finds the extension is reasonable and not
342	342	contrary to the public interest.
343	343	(b) The commissioners court may not grant an extension under
344	344	Subsection (a) if it would allow an occupied residence to be without
345	345	water or sewer services.
346	346	(c) If the commissioners court provides an extension, the
347	347	commissioners court shall notify the attorney general of the
348	348	extension and the reason for the extension. The attorney general
349	349	shall notify all other state agencies having enforcement power over
350	350	subdivisions of the extension.
351	351	Sec. 232.207. BOND REQUIREMENTS. (a) Except as provided by
352	352	Subsection (c), unless a person has completed the installation of
353	353	all water and sewer service facilities required by this subchapter
354	354	on the date that person applies for final approval of a plat under
355	355	Section 232.204, the commissioners court shall require the
356	356	subdivider of the tract to execute and maintain in effect a bond or,
357	357	in the alternative, a person may make a cash deposit in an amount
358	358	the commissioners court determines will ensure compliance with this
359	359	subchapter. A person may not meet the requirements of this
360	360	subsection through the use of a letter of credit unless that letter
361	361	of credit is irrevocable and issued by an institution guaranteed by
362	362	the FDIC. The subdivider must comply with the requirement before
363	363	subdividing the tract.
364	364	(b) A bond required by this section must, for a bond for
365	365	construction of water and sewer service facilities, be conditioned
366	366	on the construction or installation facilities that will be in
367	367	compliance with the model rules adopted under Section 16.343, Water
368	368	Code.
369	369	(c) The commissioners court may, in its sole discretion,
370	370	allow a person to stop maintaining a bond for construction of sewer
371	371	service facilities under this section for a lot that does not have
372	372	an installed sewer service facility if:
373	373	(1) the person has completed the installation of all
374	374	water facilities and roads and streets required by this subchapter;
375	375	(2) the owner of the lot has not resided on the lot for
376	376	a period of 60 months after the date of execution of the deed to the
377	377	owner;
378	378	(3) the person delivers to the commissioners court an
379	379	affidavit as described by Subsection (d) from the owner; and
380	380	(4) the lot has sufficient space to accommodate
381	381	private sewage facilities in accordance with Chapter 366, Health
382	382	and Safety Code, and the Construction Standards for On-Site
383	383	Sewerage Facilities adopted by the commission and other law and
384	384	rules applicable to sewage facilities.
385	385	(d) The affidavit under Subsection (c)(3) must include
386	386	language substantially similar to the following:
387	387	"I understand that the seller of my lot is obligated to
388	388	install an on-site sewage facility on the lot or maintain a bond for
389	389	the installation of an on-site sewage facility for a period of 60
390	390	months after the date I purchased the lot. I affirm that I have not
391	391	resided on my lot for the previous 60 months. I understand that I
392	392	may not be eligible to receive water or electricity service unless I
393	393	install a septic facility on my lot. I voluntarily assume all
394	394	financial responsibility to hire a licensed installer to install an
395	395	on-site sewage facility that complies with:
396	396	(1) Subchapter G, Chapter 232, Local Government Code,
397	397	regarding subdivision platting requirements;
398	398	(2) the model rules adopted under Section 16.343(c),
399	399	Water Code, regarding septic systems;
400	400	(3) Chapter 366, Health and Safety Code; and
401	401	(4) the Construction Standards for On-Site Sewage
402	402	Facilities adopted by the Texas Commission on Environmental Quality
403	403	and other law and rules applicable to sewage facilities."
404	404	Sec. 232.208. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
405	405	REQUIREMENTS. (a) On the approval of a plat by the commissioners
406	406	court, the commissioners court shall issue to the person applying
407	407	for the approval a certificate stating that the plat has been
408	408	reviewed and approved by the commissioners court.
409	409	(b) On the commissioners court's own motion or on the
410	410	written request of a subdivider, an owner or resident of a lot in a
411	411	subdivision, or an entity that provides a utility service, the
412	412	commissioners court shall make the following determinations
413	413	regarding the land in which the entity or commissioners court is
414	414	interested that is located within the jurisdiction of the county:
415	415	(1) whether a plat has been prepared and whether it has
416	416	been reviewed and approved by the commissioners court;
417	417	(2) whether water service facilities have been
418	418	constructed or installed to service the lot or subdivision under
419	419	Section 232.203 and are fully operable;
420	420	(3) whether sewer service facilities have been
421	421	constructed or installed to service the lot or subdivision under
422	422	Section 232.203 and are fully operable, or if septic systems are
423	423	used, whether the lot is served by a permitted on-site sewage
424	424	facility or lots in the subdivision can be adequately and legally
425	425	served by septic systems under Section 232.203; and
426	426	(4) whether electrical and gas facilities, if
427	427	available, have been constructed or installed to service the lot or
428	428	subdivision under Section 232.203.
429	429	(c) The request made under Subsection (b) must identify the
430	430	land that is the subject of the request.
431	431	(d) Whenever a request is made under Subsection (b), the
432	432	commissioners court shall issue the requesting party a written
433	433	certification of its determinations under that subsection.
434	434	(e) The commissioners court shall make its determinations
435	435	within 20 days after the date it receives the request under
436	436	Subsection (b) and shall issue the certificate, if appropriate,
437	437	within 10 days after the date the determinations are made.
438	438	(f) The commissioners court may adopt rules it considers
439	439	necessary to administer its duties under this section.
440	440	(g) The commissioners court may impose a fee for a
441	441	certificate issued under this section for a subdivision which is
442	442	located in the county and not within the limits of a municipality.
443	443	The amount of the fee may be the greater of $30 or the amount of the
444	444	fee imposed by the municipality for a subdivision that is located
445	445	entirely in the extraterritorial jurisdiction of the municipality
446	446	for a certificate issued under Section 212.0115. A person who
447	447	obtains a certificate under this section is not required to obtain a
448	448	certificate under Section 212.0115.
449	449	Sec. 232.209. CONNECTION OF UTILITIES. (a) Except as
450	450	provided by Subsection (c) or Section 232.217(c), a utility may not
451	451	serve or connect any subdivided land with water or sewer services
452	452	unless the utility receives a certificate issued by the
453	453	commissioners court under Section 232.208(a) or receives a
454	454	determination from the commissioners court under Section
455	455	232.208(b)(1) that the plat has been reviewed and approved by the
456	456	commissioners court.
457	457	(b) An electric, gas, water, or sewer service utility may
458	458	serve or connect subdivided land with water, sewer, electricity,
459	459	gas, or other utility service regardless of whether the utility
460	460	receives a certificate issued by the commissioners court under
461	461	Section 232.208(a) or receives a determination from the
462	462	commissioners court under Section 232.208(b) if the utility is
463	463	provided with a certificate issued by the commissioners court that
464	464	states that:
465	465	(1) the subdivided land:
466	466	(A) was sold or conveyed by a subdivider by any
467	467	means of conveyance, including a contract for deed or executory
468	468	contract:
469	469	(i) before September 1, 1995; or
470	470	(ii) before September 1, 1999, if the
471	471	subdivided land on August 31, 1999, was located in the
472	472	extraterritorial jurisdiction of a municipality as determined by
473	473	Chapter 42;
474	474	(B) has not been subdivided after September 1,
475	475	1995, or September 1, 1999, as applicable under Paragraph (A);
476	476	(C) is the site of construction of a residence,
477	477	evidenced by at least the existence of a completed foundation, that
478	478	was begun on or before May 1, 2003; and
479	479	(D) has had adequate sewer services installed to
480	480	service the lot or dwelling, as determined by an authorized agent
481	481	responsible for the licensing or permitting of on-site sewage
482	482	facilities under Chapter 366, Health and Safety Code;
483	483	(2) the subdivided land is a lot of record and has
484	484	adequate sewer services installed that are fully operable to
485	485	service the lot or dwelling, as determined by an authorized agent
486	486	responsible for the licensing or permitting of on-site sewage
487	487	facilities under Chapter 366, Health and Safety Code; or
488	488	(3) the land was not subdivided after September 1,
489	489	1995, and:
490	490	(A) water service is available within 750 feet of
491	491	the subdivided land; or
492	492	(B) water service is available more than 750 feet
493	493	from the subdivided land and the extension of water service to the
494	494	land may be feasible, subject to a final determination by the water
495	495	service provider.
496	496	(c) A utility may provide utility service to subdivided land
497	497	described by Subsection (c)(1), (2), or (3) only if the person
498	498	requesting service:
499	499	(1) is not the land's subdivider or the subdivider's
500	500	agent; and
501	501	(2) provides to the utility a certificate described by
502	502	Subsection (c).
503	503	(d) A person requesting service may obtain a certificate
504	504	under Subsection (c)(1), (2), or (3) only if the person is the owner
505	505	or purchaser of the subdivided land and provides to the
506	506	commissioners court documentation containing:
507	507	(1) a copy of the means of conveyance or other
508	508	documents that show that the land was sold or conveyed by a
509	509	subdivider before September 1, 1995, or before September 1, 1999,
510	510	as applicable under Subsection (c);
511	511	(2) a notarized affidavit by that person requesting
512	512	service under Subsection (c)(1) that states that construction of a
513	513	residence on the land, evidenced by at least the existence of a
514	514	completed foundation, was begun on or before May 1, 2003, and the
515	515	request for utility connection or service is to connect or serve a
516	516	residence described by Subsection (c)(1)(C);
517	517	(3) a notarized affidavit by the person requesting
518	518	service that states that the subdivided land has not been further
519	519	subdivided after September 1, 1995, or September 1, 1999, as
520	520	applicable under Subsection (c); and
521	521	(4) evidence that adequate sewer service or facilities
522	522	have been installed and are fully operable to service the lot or
523	523	dwelling from an entity described by Section 232.201(14) or the
524	524	authorized agent responsible for the licensing or permitting of
525	525	on-site sewage facilities under Chapter 366, Health and Safety
526	526	Code.
527	527	(e) On request, the commissioners court shall provide to the
528	528	attorney general and any appropriate local, county, or state law
529	529	enforcement official a copy of any document on which the
530	530	commissioners court relied in determining the legality of providing
531	531	service.
532	532	(f) This section may not be construed to abrogate any civil
533	533	or criminal proceeding or prosecution or to waive any penalty
534	534	against a subdivider for a violation of a state or local law,
535	535	regardless of the date on which the violation occurred.
536	536	(g) The prohibition established by this section shall not
537	537	prohibit a water, sewer, electric, or gas utility from providing
538	538	water, sewer, electric, or gas utility connection or service to a
539	539	lot sold, conveyed, or purchased through a contract for deed or
540	540	executory contract or other device by a subdivider prior to July 1,
541	541	1995, or September 1, 1999, if on August 31, 1999, the subdivided
542	542	land was located in the extraterritorial jurisdiction of a
543	543	municipality that has adequate sewer services installed that are
544	544	fully operable to service the lot, as determined by an authorized
545	545	agent responsible for the licensing or permitting of on-site sewage
546	546	facilities under Chapter 366, Health and Safety Code, and was
547	547	subdivided by a plat approved prior to September 1, 1989.
548	548	(h) In this section, "foundation" means the lowest division
549	549	of a residence, usually consisting of a masonry slab or a pier and
550	550	beam structure, that is partly or wholly below the surface of the
551	551	ground and on which the residential structure rests.
552	552	(i) Subject to Subsections (k) and (l), a utility that does
553	553	not hold a certificate issued by, or has not received a
554	554	determination from, the commissioners court under Section 232.208
555	555	to serve or connect subdivided property with water, sewer,
556	556	electricity or gas may provide that service to a single-family
557	557	residential dwelling on that property if:
558	558	(1) the person requesting utility service is the owner
559	559	and occupant of the residential dwelling; and
560	560	(2) the utility previously provided the utility
561	561	service to the property for the person requesting the service;
562	562	(3) the utility service provided as described by
563	563	Subdivision (2) was terminated not earlier than five years before
564	564	the date on which the person requesting utility service submits an
565	565	application for that service; and
566	566	(4) providing the utility service will not result in:
567	567	(A) an increase in the volume of utility service
568	568	provided to the property; or
569	569	(B) more than one utility connection for each
570	570	single-family residential dwelling located on the property.
571	571	(j) A utility may provide service under Subsection (k) only
572	572	if the person requesting the service provides to the commissioners
573	573	court documentation that evidences compliance with the
574	574	requirements of Subsection (j) and that is satisfactory to the
575	575	commissioners court.
576	576	(k) A utility may not serve or connect subdivided property
577	577	as described by Subsection (k) if, on or after September 1, 2007,
578	578	any existing improvements on that property are modified.
579	579	(l) Except as provided by Subsection (o), this section does
580	580	not prohibit a water or sewer utility from providing water or sewer
581	581	utility connection or service to a residential dwelling that:
582	582	(m) is provided water or wastewater facilities under or in
583	583	conjunction with a federal or state funding program designed to
584	584	address inadequate water or wastewater facilities in colonias or to
585	585	residential lots located in a county described by Section
586	586	232.202(a)(1);
587	587	(2) is an existing dwelling identified as an eligible
588	588	recipient for funding by the funding agency providing adequate
589	589	water and wastewater facilities or improvements;
590	590	(3) when connected, will comply with the minimum state
591	591	standards for both water and sewer facilities and as prescribed by
592	592	the model subdivision rules adopted under Section 16.343, Water
593	593	Code; and
594	594	(4) is located in a project for which the municipality
595	595	with jurisdiction over the project or the approval of plats within
596	596	the project area has approved the improvement project by order,
597	597	resolution, or interlocal agreement under Chapter 791, Government
598	598	Code, if applicable.
599	599	(n) A utility may not serve any subdivided land with water
600	600	utility connection or service under Subsection (n) unless the
601	601	entity receives a determination from the county commissioners court
602	602	under Section 232.208(b)(3) that adequate sewer services have been
603	603	installed to service the lot or dwelling.
604	604	(o) The commissioners court may impose a fee for a
605	605	certificate issued under this section for a subdivision which is
606	606	located in the county and not within the limits of a municipality.
607	607	The amount of the fee may be the greater of $30 or the amount of the
608	608	fee imposed by the municipality for a subdivision that is located
609	609	entirely in the extraterritorial jurisdiction of the municipality
610	610	for a certificate issued under Section 212.0115. A person who
611	611	obtains a certificate under this section is not required to obtain a
612	612	certificate under Section 212.0115.
613	613	Sec. 232.210. SUBDIVISION REGULATION; COUNTY AUTHORITY.
614	614	(a) The commissioners court for each county shall adopt and enforce
615	615	the model rules developed under Section 16.343, Water Code.
616	616	(b) Except as provided by Section 16.350(d), Water Code, or
617	617	Section 232.222 or 232.223, the commissioners court may not grant a
618	618	variance or adopt regulations that waive any requirements of this
619	619	subchapter.
620	620	(c) The commissioners court shall adopt regulations setting
621	621	forth requirements for:
622	622	(1) potable water sufficient in quality and quantity
623	623	to meet minimum state standards;
624	624	(2) solid waste disposal meeting minimum state
625	625	standards and rules adopted by the county under Chapter 364, Health
626	626	and Safety Code;
627	627	(3) sufficient and adequate roads that satisfy the
628	628	standards adopted by the county;
629	629	(4) sewer facilities meeting minimum state standards;
630	630	(5) electric service and gas service; and
631	631	(6) standards for flood management meeting the minimum
632	632	standards set forth by the Federal Emergency Management Agency
633	633	under the National Flood Insurance Act of 1968 (42 U.S.C. Sections
634	634	4001 through 4127).
635	635	(d) In adopting regulations under Subsection (c)(2), the
636	636	commissioners court may allow one or more commercial providers to
637	637	provide solid waste disposal services as an alternative to having
638	638	the service provided by the county.
639	639	Sec. 232.2105. COUNTY INSPECTOR. (a) The commissioners
640	640	court may impose a fee on a subdivider of property under this
641	641	subchapter for an inspection of the property to ensure compliance
642	642	with the subdivision regulations adopted under this subchapter,
643	643	Section 16.343, Water Code, or other law.
644	644	(b) Fees collected under this section may be used only to
645	645	fund inspections conducted under this section.
646	646	Sec. 232.211. REQUIREMENTS PRIOR TO SALE OR LEASE. (a)
647	647	Except as provided by Subsection (d), a subdivider may not sell or
648	648	lease land in a subdivision first platted or replatted after July 1,
649	649	1995, unless the subdivision plat is approved by the commissioners
650	650	court in accordance with Section 232.204.
651	651	(b) Not later than the 30th day after the date a lot is sold,
652	652	a subdivider shall record with the county clerk all sales
653	653	contracts, including the attached disclosure statement required by
654	654	Section 232.213, leases, and any other documents that convey an
655	655	interest in the subdivided land.
656	656	(c) A document filed under Subsection (b) is a public
657	657	record.
658	658	(d) In a county defined under Section 232.202(a)(2), a
659	659	subdivider may not sell or lease land in a subdivision first platted
660	660	or replatted after September 1, 2005, unless the subdivision plat
661	661	is approved by the commissioners court in accordance with Section
662	662	232.204.
663	663	Sec. 232.2115. NOTICE OF WATER AND WASTEWATER REQUIREMENTS
664	664	BY POLITICAL SUBDIVISIONS. (a) This section applies only to a
665	665	county or other political subdivision located in the county that
666	666	sells:
667	667	(1) under Section 34.01, Tax Code, real property
668	668	presumed to be for residential use under Section 232.202; or
669	669	(2) under Section 3, Part VI, Texas Rules of Civil
670	670	Procedure, and Chapter 34, Civil Practice and Remedies Code, real
671	671	property presumed to be for residential use under Section 232.202,
672	672	taken by virtue of a writ of execution.
673	673	(b) A county or other political subdivision located in the
674	674	county shall include in the public notice of sale of the property
675	675	and the deed conveying the property a statement substantially
676	676	similar to the following:
677	677	"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR
678	678	JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND
679	679	INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.
680	680	"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY
681	681	WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER NOR THE
682	682	SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT
683	683	THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR
684	684	FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.
685	685	"IN SOME SITUATIONS, A LOT OF LESS THAN FIVE ACRES IS PRESUMED
686	686	TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS
687	687	WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR
688	688	RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION
689	689	SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL."
690	690	(c) The statement required by Subsection (b) must be:
691	691	(1) printed:
692	692	(A) in English and Spanish; and
693	693	(B) in 14-point boldface type or 14-point
694	694	uppercase typewritten letters; and
695	695	(2) read aloud at the sale, in English and Spanish, by
696	696	an agent of the county.
697	697	(d) A sale conducted in violation of this section is void.
698	698	Sec. 232.212. SERVICES PROVIDED BY SUBDIVIDER. A
699	699	subdivider having an approved plat for a subdivision shall:
700	700	(1) furnish a certified letter from the utility
701	701	provider stating that water is available to the subdivision
702	702	sufficient in quality and quantity to meet minimum state standards
703	703	required by Section 16.343, Water Code, and consistent with the
704	704	certification in the letter, and that water of that quality and
705	705	quantity will be made available to the point of delivery to all lots
706	706	in the subdivision;
707	707	(2) furnish sewage treatment facilities that meet
708	708	minimum state standards to fulfill the wastewater requirements of
709	709	the subdivision or furnish certification by the appropriate county
710	710	or state official having jurisdiction over the approval of the
711	711	septic systems indicating that lots in the subdivision can be
712	712	adequately and legally served by septic systems as provided under
713	713	Chapter 366, Health and Safety Code;
714	714	(3) furnish roads satisfying minimum standards as
715	715	adopted by the county;
716	716	(4) furnish adequate drainage meeting standard
717	717	engineering practices; and
718	718	(5) make a reasonable effort to have electric utility
719	719	service and gas utility service installed by a utility.
720	720	Sec. 232.213. ADVERTISING STANDARDS AND OTHER REQUIREMENTS
721	721	BEFORE SALE; OFFENSE. (a) Brochures, publications, and advertising
722	722	of any form relating to subdivided land:
723	723	(1) may not contain any misrepresentation; and
724	724	(2) except for a for-sale sign posted on the property
725	725	that is no larger than three feet by three feet, must accurately
726	726	describe the availability of water and sewer service facilities and
727	727	electric and gas utilities.
728	728	(b) The subdivider shall provide a copy in Spanish of all
729	729	written documents relating to the sale of subdivided land under an
730	730	executory contract, including the contract, disclosure notice, and
731	731	annual statement required by this section and a notice of default
732	732	required by Subchapter D, Chapter 5, Property Code, if:
733	733	(1) negotiations that precede the execution of the
734	734	executory contract are conducted primarily in Spanish; or
735	735	(2) the purchaser requests the written documents to be
736	736	provided in Spanish.
737	737	(c) Before an executory contract is signed by the purchaser,
738	738	the subdivider shall provide the purchaser with a written notice,
739	739	which must be attached to the executory contract, informing the
740	740	purchaser of the condition of the property that must, at a minimum,
741	741	be executed by the subdivider and purchaser, be acknowledged, and
742	742	read substantially similar to the following:
743	743	IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE
744	744	TO LIVE ON THE PROPERTY.
745	745	WARNING
746	746	CONCERNING THE PROPERTY AT (street address or legal description and
747	747	municipality)
748	748	THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE
749	749	CONSIDERING PURCHASING.
750	750	CHECK OFF THE ITEMS THAT ARE TRUE:
751	751	___ The property is in a recorded subdivision.
752	752	___ The property has water service that provides potable water.
753	753	___ The property has sewer service or a septic system.
754	754	___ The property has electric service.
755	755	___ The property is not in a flood-prone area.
756	756	___ The roads are paved.
757	757	___ No person other than the subdivider:
758	758	(1) owns the property;
759	759	(2) has a claim of ownership to the property; or
760	760	(3) has an interest in the property.
761	761	___ No person has a lien filed against the property.
762	762	___ There are no back taxes owed on the property.
763	763	NOTICE
764	764	SELLER ADVISES PURCHASER TO:
765	765	(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT
766	766	REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
767	767	(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
768	768	COVERING THE PROPERTY.
769	769	__________________ _______________
770	770	____________
771	771	(Date) (Signature of Subdivider)
772	772	__________________ _______________
773	773	____________
774	774	(Date) (Signature of Purchaser)
775	775	(d) The subdivider shall provide any purchaser who is sold a
776	776	lot under an executory contract with an annual statement in January
777	777	of each year for the term of the executory contract. If the
778	778	subdivider mails the statement to the purchaser, the statement must
779	779	be postmarked not later than January 31.
780	780	(e) The statement under Subsection (d) must include the
781	781	following information:
782	782	(1) the amount paid under the contract;
783	783	(2) the remaining amount owed under the contract;
784	784	(3) the annual interest rate charged under the
785	785	contract during the preceding 12-month period; and
786	786	(4) the number of payments remaining under the
787	787	contract.
788	788	(f) If the subdivider fails to comply with Subsections (d)
789	789	and (e), the purchaser may:
790	790	(1) notify the subdivider that the purchaser has not
791	791	received the statement and will deduct 15 percent of each monthly
792	792	payment due until the statement is received; and
793	793	(2) not earlier than the 25th day after the date the
794	794	purchaser provides the subdivider notice under this subsection,
795	795	deduct 15 percent of each monthly payment due until the statement is
796	796	received by the purchaser.
797	797	(g) A purchaser who makes a deduction under Subsection (f)
798	798	is not required to reimburse the subdivider for the amount
799	799	deducted.
800	800	(h) A person who is a seller of lots in a subdivision, or a
801	801	subdivider or an agent of a seller or subdivider, commits an offense
802	802	if the person knowingly authorizes or assists in the publication,
803	803	advertising, distribution, or circulation of any statement or
804	804	representation that the person knows is false concerning any
805	805	subdivided land offered for sale or lease. An offense under this
806	806	section is a Class A misdemeanor.
807	807	(i) A person who holds a real estate broker's or sales
808	808	agent's license under Chapter 1101, Occupations Code, acting in the
809	809	person's capacity as a real estate broker or sales agent, other than
810	810	a person who is a director, officer, or employee of the seller or
811	811	subdivider or who is otherwise affiliated with the seller or
812	812	subdivider, is not an agent of a seller or subdivider for purposes
813	813	of this section.
814	814	Sec. 232.214. CONFLICT OF INTEREST; PENALTY. (a) In this
815	815	section, "subdivided tract" means a tract of land, as a whole, that
816	816	is subdivided into tracts or lots. The term does not mean an
817	817	individual lot in a subdivided tract of land.
818	818	(b) A person has an interest in a subdivided tract if the
819	819	person:
820	820	(1) has an equitable or legal ownership interest in
821	821	the tract;
822	822	(2) acts as a developer of the tract;
823	823	(3) owns voting stock or shares of a business entity
824	824	that:
825	825	(A) has an equitable or legal ownership interest
826	826	in the tract; or
827	827	(B) acts as a developer of the tract; or
828	828	(4) receives in a calendar year money or any thing of
829	829	value from a business entity described by Subdivision (3).
830	830	(c) A person also is considered to have an interest in a
831	831	subdivided tract if the person is related in the second degree by
832	832	consanguinity or affinity, as determined under Chapter 573,
833	833	Government Code, to a person who, under Subsection (b), has an
834	834	interest in the tract.
835	835	(d) If a member of the commissioners court has an interest
836	836	in a subdivided tract, the member shall file, before a vote or
837	837	decision regarding the approval of a plat for the tract, an
838	838	affidavit with the county clerk stating the nature and extent of the
839	839	interest and shall abstain from further participation in the
840	840	matter. The affidavit must be filed with the county clerk.
841	841	(e) A member of the commissioners court of a county commits
842	842	an offense if the member violates Subsection (d). An offense under
843	843	this subsection is a Class A misdemeanor.
844	844	(f) The finding by a court of a violation of this section
845	845	does not render voidable an action of the commissioners court
846	846	unless the measure would not have passed the commissioners court
847	847	but for the vote of the member who violated this section.
848	848	(g) A conviction under Subsection (e) constitutes official
849	849	misconduct by the member and is grounds for removal from office.
850	850	Sec. 232.215. CIVIL PENALTIES. (a) A subdivider or an agent
851	851	of a subdivider may not cause, suffer, allow, or permit a lot to be
852	852	sold in a subdivision if the subdivision has not been platted as
853	853	required by this subchapter.
854	854	(b) Notwithstanding any other remedy at law or equity, a
855	855	subdivider or an agent of a subdivider may not cause, suffer, allow,
856	856	or permit any part of a subdivision over which the subdivider or an
857	857	agent of the subdivider has control, or a right of ingress and
858	858	egress, to become a public health nuisance as defined by Section
859	859	341.011, Health and Safety Code.
860	860	(c) A subdivider who fails to provide, in the time and
861	861	manner described in the plat, for the construction or installation
862	862	of water or sewer service facilities described on the plat or on the
863	863	document attached to the plat or who otherwise violates this
864	864	subchapter or a rule or requirement adopted by the commissioners
865	865	court under this subchapter is subject to a civil penalty of not
866	866	less than $500 or more than $1,000 for each violation and for each
867	867	day of a continuing violation but not to exceed $5,000 each day and
868	868	shall also pay court costs, investigative costs, and attorney's
869	869	fees for the governmental entity bringing the suit.
870	870	(d) Except as provided by Subsection (e), a person who
871	871	violates Subsection (a) or (b) is subject to a civil penalty of not
872	872	less than $10,000 or more than $15,000 for each lot conveyed or each
873	873	subdivision that becomes a nuisance. The person must also pay court
874	874	costs, investigative costs, and attorney's fees for the
875	875	governmental entity bringing the suit.
876	876	(e) A person who violates Subsection (b) is not subject to a
877	877	fine under Subsection (d) if the person corrects the nuisance not
878	878	later than the 30th day after the date the person receives notice
879	879	from the attorney general or a local health authority of the
880	880	nuisance.
881	881	(f) Venue for an action under this section is in a district
882	882	court of Travis County, a district court in the county in which the
883	883	defendant resides, or a district court in the county in which the
884	884	violation or threat of violation occurs.
885	885	(g) A person who holds a real estate broker's or sales
886	886	agent's license under Chapter 1101, Occupations Code, acting in the
887	887	person's capacity as a real estate broker or sales agent, other than
888	888	a person who is a director, officer, or employee of the owner of the
889	889	lot or who is otherwise affiliated with the owner of the lot, is not
890	890	an agent of a seller or subdivider for purposes of this section.
891	891	Sec. 232.216. CRIMINAL PENALTIES. (a) A subdivider commits
892	892	an offense if the subdivider knowingly fails to file a plat required
893	893	by this subchapter. An offense under this subsection is a Class A
894	894	misdemeanor.
895	895	(b) A subdivider who owns a subdivision commits an offense
896	896	if the subdivider knowingly fails to timely provide for the
897	897	construction or installation of water or sewer service as required
898	898	by Section 232.212 or fails to make a reasonable effort to have
899	899	electric utility service and gas utility service installed by a
900	900	utility as required by Section 232.212. An offense under this
901	901	subsection is a Class A misdemeanor.
902	902	(c) If it is shown at the trial of an offense under
903	903	Subsection (a) that the defendant caused five or more residences in
904	904	the subdivision to be inhabited, the offense is a state jail felony.
905	905	(d) A subdivider commits an offense if the subdivider allows
906	906	the conveyance of a lot in the subdivision without the appropriate
907	907	water and sewer utilities as required by Section 232.212 or without
908	908	having made a reasonable effort to have electric utility service
909	909	and gas utility service installed by a utility as required by
910	910	Section 232.212. An offense under this section is a Class A
911	911	misdemeanor. Each lot conveyed constitutes a separate offense.
912	912	(e) Venue for prosecution for a violation under this section
913	913	is in the county in which any element of the violation is alleged to
914	914	have occurred or in Travis County.
915	915	Sec. 232.217. ENFORCEMENT. (a) The attorney general, or
916	916	the district attorney, criminal district attorney, county attorney
917	917	with felony responsibilities, or county attorney of the county may
918	918	take any action necessary in a court of competent jurisdiction on
919	919	behalf of the state or on behalf of residents to:
920	920	(1) enjoin the violation or threatened violation of
921	921	the model rules adopted under Section 16.343, Water Code;
922	922	(2) enjoin the violation or threatened violation of a
923	923	requirement of this subchapter or a rule adopted by the
924	924	commissioners court under this subchapter;
925	925	(3) recover civil or criminal penalties, attorney's
926	926	fees, litigation costs, and investigation costs; and
927	927	(4) require platting or replatting under Section
928	928	232.220.
929	929	b) The attorney general, at the request of the district or
930	930	county attorney with jurisdiction, may conduct a criminal
931	931	prosecution under Section 232.213(h) or 232.216.
932	932	(c) During the pendency of any enforcement action brought,
933	933	any resident of the affected subdivision, or the attorney general,
934	934	district attorney, or county attorney on behalf of a resident, may
935	935	file a motion against the provider of utilities to halt termination
936	936	of pre-existing utility services. The services may not be
937	937	terminated if the court makes an affirmative finding after hearing
938	938	the motion that termination poses a threat to public health,
939	939	safety, or welfare of the residents.
940	940	(d) This subchapter is subject to the applicable
941	941	enforcement provisions prescribed by Sections 16.352, 16.353,
942	942	16.354, and 16.3545, Water Code.
943	943	(e) A court having jurisdiction of an enforcement action
944	944	under this section shall dismiss the action if:
945	945	(1) the defendant remedies the violation that is the
946	946	subject of the enforcement action not later than the 45th day after
947	947	the date the defendant receives notice of the action; and
948	948	(2) the defendant shows good cause for the dismissal.
949	949	Sec. 232.218. SUIT BY PRIVATE PERSON IN ECONOMICALLY
950	950	DISTRESSED AREA. (a) Except as provided by Subsection (b), a person
951	951	who has purchased or is purchasing a lot after July 1, 1995, in a
952	952	subdivision for residential purposes that does not have water and
953	953	sewer services as required by this subchapter and is located in an
954	954	economically distressed area, as defined by Section 17.921, Water
955	955	Code, from a subdivider, may bring suit in the district court in
956	956	which the property is located or in a district court in Travis
957	957	County to:
958	958	(1) declare the sale of the property void, require the
959	959	subdivider to return the purchase price of the property, and
960	960	recover from the subdivider:
961	961	(A) the market value of any permanent
962	962	improvements the person placed on the property;
963	963	(B) actual expenses incurred as a direct result
964	964	of the failure to provide adequate water and sewer facilities;
965	965	(C) court costs; and
966	966	(D) reasonable attorney's fees; or
967	967	(2) enjoin a violation or threatened violation of
968	968	Section 232.212, require the subdivider to plat or replat under
969	969	Section 232.220, and recover from the subdivider:
970	970	(A) actual expenses incurred as a direct result
971	971	of the failure to provide adequate water and sewer facilities;
972	972	(B) court costs; and
973	973	(C) reasonable attorney's fees.
974	974	(b) If the lot is located in a county defined under Section
975	975	232.202(a)(2), a person may only bring suit under Subsection (a) if
976	976	the person purchased or is purchasing the lot after September 1,
977	977	2005.
978	978	Sec. 232.219. CANCELLATION OF SUBDIVISION. (a) A
979	979	subdivider of land may apply to the commissioners court to cancel
980	980	all or part of the subdivision in the manner provided by Section
981	981	232.008 after notice and hearing as provided by this section.
982	982	(b) A resident of a subdivision for which the subdivider has
983	983	applied for cancellation under Subsection (a) has the same rights
984	984	as a purchaser of land under Section 232.008.
985	985	(c) The notice required by Section 232.008(c) must also be
986	986	published in Spanish in the newspaper of highest circulation and in
987	987	a Spanish-language newspaper in the county if available.
988	988	(d) Not later than the 14th day before the date of the
989	989	hearing, the county chief appraiser shall by regular and certified
990	990	mail provide notice containing the information described by Section
991	991	232.008(c) to:
992	992	(1) each person who pays property taxes in the
993	993	subdivision, as determined by the most recent tax roll; and
994	994	(2) each person with an interest in the property.
995	995	(e) The commissioners court may require a subdivider to
996	996	provide the court with the name and last known address of each
997	997	person with an interest in the property. For purposes of this
998	998	subsection, a person residing on a lot purchased through an
999	999	executory contract has an interest in the property.
1000	1000	(f) A person who fails to provide information requested
1001	1001	under Subsection (e) before the 31st day after the date the request
1002	1002	is made is liable to the state for a penalty of $500 for each week
1003	1003	the person fails to provide the information.
1004	1004	(g) The commissioners court may cancel a subdivision only
1005	1005	after a public hearing. At the hearing, the commissioners court
1006	1006	shall permit any interested person to be heard. At the conclusion of
1007	1007	the hearing, the commissioners court shall adopt an order on
1008	1008	whether to cancel the subdivision.
1009	1009	Sec. 232.220. REPLATTING. (a) A subdivision plat must
1010	1010	accurately reflect the subdivision as it develops. If there is any
1011	1011	change, either by the intentional act of the subdivider or by the
1012	1012	forces of nature, including changes in the size or dimension of lots
1013	1013	or the direction or condition of the roads, a plat must be revised
1014	1014	in accordance with Section 232.221.
1015	1015	(b) Except as provided by Subsection (c), a lot in a
1016	1016	subdivision may not be sold if the lot lacks water and sewer
1017	1017	services as required by this subchapter unless the lot is platted or
1018	1018	replatted as required by this subchapter. A subdivider or agent of a
1019	1019	subdivider may not transfer a lot through an executory contract or
1020	1020	other similar conveyance to evade the requirements of this
1021	1021	subchapter. The prohibition in this subsection includes the sale of
1022	1022	a lot:
1023	1023	(1) by a subdivider who regains possession of a lot
1024	1024	previously exempt under Subsection (c) through the exercise of a
1025	1025	remedy described in Section 5.064, Property Code; or
1026	1026	(2) for which it is shown at a proceeding brought in
1027	1027	the district court in which the property is located that the sale of
1028	1028	a lot otherwise exempt under Subsection (c) was made for the purpose
1029	1029	of evading the requirements of this subchapter.
1030	1030	(c) Subsection (b) does not apply if a seller other than a
1031	1031	subdivider or agent of a subdivider resides on the lot.
1032	1032	(d) The attorney general or a district or county attorney
1033	1033	with jurisdiction may bring a proceeding under Subsection (b).
1034	1034	(e) Existing utility services to a subdivision that must be
1035	1035	platted or replatted under this section may not be terminated under
1036	1036	Section 232.209 or 232.2091.
1037	1037	Sec. 232.221. REVISION OF PLAT. (a) A person who has
1038	1038	subdivided land that is subject to the subdivision controls of the
1039	1039	county in which the land is located may apply in writing to the
1040	1040	commissioners court of the county for permission to revise the
1041	1041	subdivision plat filed for record with the county clerk.
1042	1042	(b) Except as provided by Subsection (b-1), after the
1043	1043	application is filed with the commissioners court, the court shall
1044	1044	publish a notice of the application in a newspaper of general
1045	1045	circulation in the county. The notice must include a statement of
1046	1046	the time and place at which the court will meet to consider the
1047	1047	application and to hear protests to the revision of the plat. The
1048	1048	notice must be published at least three times during the period that
1049	1049	begins on the 30th day and ends on the seventh day before the date of
1050	1050	the meeting. If all or part of the subdivided tract has been sold to
1051	1051	nondeveloper owners, the court shall also give notice to each of
1052	1052	those owners by certified or registered mail, return receipt
1053	1053	requested, at the owner's address in the subdivided tract.
1054	1054	(b-1) If the commissioners court determines that the
1055	1055	revision to the subdivision plat does not affect a public interest
1056	1056	or public property of any type, including, but not limited to, a
1057	1057	park, school, or road, the notice requirements under Subsection (b)
1058	1058	do not apply to the application and the commissioners court shall:
1059	1059	(1) provide written notice of the application to the
1060	1060	owners of the lots that are within 200 feet of the subdivision plat
1061	1061	to be revised, as indicated in the most recent records of the
1062	1062	central appraisal district of the county in which the lots are
1063	1063	located; and
1064	1064	(2) if the county maintains an Internet website, post
1065	1065	notice of the application continuously on the website for at least
1066	1066	30 days preceding the date of the meeting to consider the
1067	1067	application until the day after the meeting.
1068	1068	(c) During a regular term of the commissioners court, the
1069	1069	court shall adopt an order to permit the revision of the subdivision
1070	1070	plat if it is shown to the court that:
1071	1071	(1) the revision will not interfere with the
1072	1072	established rights of any owner of a part of the subdivided land; or
1073	1073	(2) each owner whose rights may be interfered with has
1074	1074	agreed to the revision.
1075	1075	(d) If the commissioners court permits a person to revise a
1076	1076	subdivision plat, the person may make the revision by filing for
1077	1077	record with the county clerk a revised plat or part of a plat that
1078	1078	indicates the changes made to the original plat.
1079	1079	(e) The commissioners court may impose a fee for filing an
1080	1080	application under this section. The amount of the fee must be based
1081	1081	on the cost of processing the application, including publishing the
1082	1082	notices required under Subsection (b) or (b-1).
1083	1083	Sec. 232.222. VARIANCES FROM REPLATTING REQUIREMENTS. (a)
1084	1084	On request of a subdivider or resident purchaser, the commissioners
1085	1085	court may grant a delay or a variance from compliance with Section
1086	1086	232.220 as provided by this section.
1087	1087	(b) The commissioners court may grant a delay of two years
1088	1088	if the reason for the delay is to install utilities. A person may
1089	1089	apply for one renewal of a delay under this subsection. To obtain an
1090	1090	initial delay under this subsection, a subdivider must:
1091	1091	(1) identify the affected utility providers;
1092	1092	(2) provide the terms and conditions on which service
1093	1093	may be provided; and
1094	1094	(3) provide a certified letter from each utility
1095	1095	provider stating that it has the right to serve the area and it will
1096	1096	serve the area.
1097	1097	(c) The commissioners court may grant a delay or a variance
1098	1098	for a reason other than a reason described by Subsection (b) if it
1099	1099	is shown that compliance would be impractical or would be contrary
1100	1100	to the health and safety of residents of the subdivision. The
1101	1101	commissioners court must issue written findings stating the reasons
1102	1102	why compliance is impractical.
1103	1103	(d) A delay or a variance granted by the commissioners court
1104	1104	is valid only if the commissioners court notifies the attorney
1105	1105	general of the delay or variance and the reasons for the delay or
1106	1106	variance not later than the 30th day after the date the
1107	1107	commissioners court grants the delay or variance.
1108	1108	(e) Until approved water and sewer services are made
1109	1109	available to the subdivision, the subdivider of land for which a
1110	1110	delay is granted under this section must provide at no cost to
1111	1111	residents:
1112	1112	(1) 25 gallons of potable water a day for each resident
1113	1113	and a suitable container for storing the water; and
1114	1114	(2) suitable temporary sanitary wastewater disposal
1115	1115	facilities.
1116	1116	Sec. 232.223. VARIANCES FROM PLATTING REQUIREMENTS. (a) On
1117	1117	the request of a subdivider who created an unplatted subdivision or
1118	1118	a resident purchaser of a lot in the subdivision, the commissioners
1119	1119	court of a county may grant:
1120	1120	(1) a delay or variance from compliance with the
1121	1121	subdivision requirements prescribed by Section 232.203(b)(8) or
1122	1122	(9), 232.205(1), (2), (3), (4), or (5), or 232.210(c)(2), (3), (5),
1123	1123	or (6); or
1124	1124	(2) a delay or variance for an individual lot from
1125	1125	compliance with the requirements prescribed by the model
1126	1126	subdivision rules adopted under Section 16.343, Water Code, for:
1127	1127	(A) the distance that a structure must be set
1128	1128	back from roads or property lines; or
1129	1129	(B) the number of single-family, detached
1130	1130	dwellings that may be located on a lot.
1131	1131	(b) If the commissioners court makes a written finding that
1132	1132	the subdivider who created the unplatted subdivision no longer owns
1133	1133	property in the subdivision, the commissioners court may grant a
1134	1134	delay or variance under this section only if:
1135	1135	(1) a majority of the lots in the subdivision were sold
1136	1136	before:
1137	1137	(A) September 1, 1995, in a county defined under
1138	1138	Section 232.202(a)(1); or
1139	1139	(B) September 1, 2005, in a county defined under
1140	1140	Section 232.202(a)(2);
1141	1141	(2) a majority of the resident purchasers in the
1142	1142	subdivision sign a petition supporting the delay or variance;
1143	1143	(3) the person requesting the delay or variance
1144	1144	submits to the commissioners court:
1145	1145	(A) a description of the water and sewer service
1146	1146	facilities that will be constructed or installed to service the
1147	1147	subdivision;
1148	1148	(B) a statement specifying the date by which the
1149	1149	water and sewer service facilities will be fully operational; and
1150	1150	(C) a statement signed by an engineer licensed in
1151	1151	this state certifying that the plans for the water and sewer
1152	1152	facilities meet the minimum state standards;
1153	1153	(4) the commissioners court finds that the unplatted
1154	1154	subdivision at the time the delay or variance is requested is
1155	1155	developed in a manner and to an extent that compliance with specific
1156	1156	platting requirements is impractical or contrary to the health or
1157	1157	safety of the residents of the subdivision; and
1158	1158	(5) the subdivider who created the unplatted
1159	1159	subdivision has not violated local law, federal law, or state law,
1160	1160	excluding this chapter, in subdividing the land for which the delay
1161	1161	or variance is requested, if the subdivider is the person
1162	1162	requesting the delay or variance.
1163	1163	(c) If the commissioners court makes a written finding that
1164	1164	the subdivider who created the unplatted subdivision owns property
1165	1165	in the subdivision, the commissioners court may grant a provisional
1166	1166	delay or variance only if the requirements of Subsection (b) are
1167	1167	satisfied. The commissioners court may issue a final grant of the
1168	1168	delay or variance only if the commissioners court has not received
1169	1169	objections from the attorney general before the 91st day after the
1170	1170	date the commissioners court submits the record of its proceedings
1171	1171	to the attorney general as prescribed by Subsection (d).
1172	1172	(d) If the commissioners court grants a delay or variance
1173	1173	under this section, the commissioners court shall:
1174	1174	(1) make findings specifying the reason compliance
1175	1175	with each requirement is impractical or contrary to the health or
1176	1176	safety of residents of the subdivision;
1177	1177	(2) keep a record of its proceedings and include in the
1178	1178	record documentation of the findings and the information submitted
1179	1179	under Subsection (b); and
1180	1180	(3) submit a copy of the record to the attorney
1181	1181	general.
1182	1182	(e) The failure of the attorney general to comment or object
1183	1183	to a delay or variance granted under this section does not
1184	1184	constitute a waiver of or consent to the validity of the delay or
1185	1185	variance granted.
1186	1186	(f) This section does not affect a civil suit filed against,
1187	1187	a criminal prosecution of, or the validity of a penalty imposed on a
1188	1188	subdivider for a violation of law, regardless of the date on which
1189	1189	the violation occurred.
1190	1190	Sec. 232.224. AMENDING PLAT. The commissioners court may
1191	1191	approve and issue an amending plat under this subchapter in the same
1192	1192	manner, for the same purposes, and subject to the same related
1193	1193	provisions as provided by Section 232.011.
1194	1194	Sec. 232.225. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS
1195	1195	TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) A commissioners court
1196	1196	by order may implement a process:
1197	1197	(1) applicable to a subdivision in which 50 percent or
1198	1198	more of the lots are undeveloped or unoccupied on or after the 25th
1199	1199	anniversary of the date the plat for the subdivision was recorded
1200	1200	with the county; and
1201	1201	(2) through which the county, to the extent
1202	1202	practicable, may apply to the subdivision more current street,
1203	1203	road, drainage, and other infrastructure requirements.
1204	1204	(b) A regulation or standard adopted by a county under this
1205	1205	section must be no less stringent than the minimum standards and
1206	1206	other requirements under the model rules for safe and sanitary
1207	1207	water supply and sewer services adopted under Section 16.343, Water
1208	1208	Code, and any other minimum public safety standards that would
1209	1209	otherwise be applicable to the subdivision.
1210	1210	(c) A regulation or standard adopted by a county under this
1211	1211	section applies only to a lot that is owned by an individual, firm,
1212	1212	corporation, or other legal entity that directly or indirectly
1213	1213	offers lots for sale or lease as part of a common promotional plan
1214	1214	in the ordinary course of business, and each regulation or standard
1215	1215	must expressly state that limitation. For the purposes of this
1216	1216	subsection, "common promotional plan" means a plan or scheme of
1217	1217	operation undertaken by a person or a group acting in concert,
1218	1218	either personally or through an agent, to offer for sale or lease
1219	1219	more than two lots when the land is:
1220	1220	(1) contiguous or part of the same area of land; or
1221	1221	(2) known, designated, or advertised as a common unit
1222	1222	or by a common name.
1223	1223	SECTION 5. Section 16.343(f), Water Code, is amended to
1224	1224	read as follows:
1225	1225	(f) The model rules may impose a platting or replatting
1226	1226	requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except
1227	1227	as may be required by an agreement developed under Chapter 242,
1228	1228	Local Government Code, a municipality that has adopted the model
1229	1229	rules may impose the applicable platting requirements of Chapter
1230	1230	212, Local Government Code, and a county that has adopted the model
1231	1231	rules may impose the applicable platting requirements of Chapter
1232	1232	232, Local Government Code, to real property that is required to be
1233	1233	platted or replatted by the model rules under this section. The
1234	1234	model rules do not supersede an exception to a platting requirement
1235	1235	that is:
1236	1236	(1) within a county that borders the United Mexican
1237	1237	States and the Gulf of Mexico; and
1238	1238	(2) prescribed by Chapter 232, Local Government Code.
1239	1239	SECTION 6. Section 16.350(d), Water Code, is amended to
1240	1240	read as follows:
1241	1241	(d) A county or municipality that receives funds or
1242	1242	financial assistance under Section 15.407 of this code or
1243	1243	Subchapter K, Chapter 17, of this code may grant an exemption for a
1244	1244	subdivision from the requirements of the model rules only if:
1245	1245	(1) the county or municipality supplies the
1246	1246	subdivision with water supply and sewer services that meet the
1247	1247	standards of the model rules; or
1248	1248	(2) the subdivision:
1249	1249	(A) is within a county that borders the United
1250	1250	Mexican States and the Gulf of Mexico; and
1251	1251	(B) involves four or fewer lots that:
1252	1252	(i) front an existing street that meets the
1253	1253	standards adopted by the county or municipality and does not
1254	1254	require the creation of any new street; and
1255	1255	(ii) may connect to an existing water
1256	1256	supply and sewer service located within 50 feet of each lot in the
1257	1257	subdivision that meets the standards of the model rules and does not
1258	1258	require the extension of water or sewer facilities.
1259	1259	SECTION 7. This Act takes effect September 1, 2025.