Bill Text: TX HB4108 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to subdivision plat requirements.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4108 Detail]
Download: Texas-2023-HB4108-Comm_Sub.html
88R23742 DRS-F | |||
By: Guillen, Gamez, et al. | H.B. No. 4108 | ||
Substitute the following for H.B. No. 4108: | |||
By: Burns | C.S.H.B. No. 4108 |
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relating to subdivision plat requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 232.0015(f), Local Government Code, is | ||
amended to read as follows: | ||
(f) 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) all of the lots of the subdivision are [ |
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10 or more acres in area; and | ||
(2) the owner does not lay out a part of the tract | ||
described by Section 232.001(a)(3). | ||
SECTION 2. Sections 232.022(b) and (d), Local Government | ||
Code, are amended to read as follows: | ||
(b) This subchapter applies only to land that is subdivided | ||
into two or more lots that are intended primarily for residential | ||
use in the jurisdiction of the county. A lot is presumed to be | ||
intended for residential use if the lot is less than five acres [ |
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(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; or | ||
(2) has received an exemption from a county under | ||
Section 16.350(d), Water Code. | ||
(d) This subchapter does not apply if all of the lots of the | ||
subdivision are [ |
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SECTION 3. Section 232.023(a), Local Government Code, is | ||
amended to read as follows: | ||
(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 [ |
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each subdivider of land to prepare a plat if none of the lots is less | ||
than five acres [ |
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subdivision is [ |
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than 10 acres. | ||
SECTION 4. Subchapter B, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0231 to read as follows: | ||
Sec. 232.0231. 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 owner does not lay out a part of the tract | ||
described by Section 232.001(a)(3); or | ||
(2) the lots are sold to adjoining landowners. | ||
(b) A county may, 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 700 feet of a connection to a | ||
municipal water service; | ||
(2) is adjacent to a public road; | ||
(3) has sufficient space to accommodate a sewer | ||
service facility that complies with the model rules adopted under | ||
Section 16.343, Water Code; and | ||
(4) a civil engineer registered to practice in this | ||
state has certified the lot: | ||
(A) has adequate drainage; and | ||
(B) is not in a floodplain. | ||
SECTION 5. Section 232.027, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 232.027. BOND REQUIREMENTS. (a) Except as provided by | ||
Subsection (c), unless [ |
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installation of all water and sewer service facilities and roads | ||
and streets required by this subchapter on the date that person | ||
applies for final approval of a plat under Section 232.024, the | ||
commissioners court shall require the subdivider of the tract to | ||
execute and maintain in effect a bond or, in the alternative, a | ||
person may make a cash deposit in an amount the commissioners court | ||
determines will ensure compliance with this subchapter. A person | ||
may not meet the requirements of this subsection through the use of | ||
a letter of credit unless that letter of credit is irrevocable and | ||
issued by an institution guaranteed by the FDIC. The subdivider | ||
must comply with the requirement before subdividing the tract. | ||
(b) A [ |
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(1) for a bond for construction of water and sewer | ||
service facilities, be conditioned on the construction or | ||
installation of [ |
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in compliance with the model rules adopted under Section 16.343, | ||
Water Code; or | ||
(2) for a bond for construction of roads and streets, | ||
meet the requirements of Section 232.004. | ||
(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 if: | ||
(1) the person has completed the installation of all | ||
water facilities and roads and streets required by this subchapter; | ||
and | ||
(2) the person delivers to the commissioners court an | ||
affidavit as described by Subsection (d) from each owner of a lot | ||
that does not have an installed sewer service facility. | ||
(d) The affidavit under Subsection (c)(2) must include | ||
language substantially similar to the following: | ||
"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 Subchapter B, Chapter 232, Local Government Code, | ||
regarding subdivision platting requirements; with the model rules | ||
adopted under Section 16.343(c), Water Code, regarding septic | ||
systems; with Chapter 366, Health and Safety Code; and with 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." | ||
SECTION 6. Section 232.0315(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) A 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 COUNTY 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 [ |
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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." | ||
SECTION 7. Section 232.033, Local Government Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(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 is not an | ||
agent of a seller or subdivider for purposes of this section. | ||
SECTION 8. Section 232.035, Local Government Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(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 is not an | ||
agent of a seller or subdivider for purposes of this section. | ||
SECTION 9. Section 232.072(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The owner of a tract of land that divides the tract in | ||
any manner that creates at least one lot of less than five acres [ |
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subdivision prepared. A commissioners court by order may require | ||
each subdivider of land to prepare a plat if none of the lots is less | ||
than five acres [ |
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subdivision is [ |
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than 10 acres. | ||
SECTION 10. Section 232.080, Local Government Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A court having jurisdiction of an enforcement action | ||
under this section shall dismiss the action if the defendant: | ||
(1) 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) shows good cause for the dismissal. | ||
SECTION 11. 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 involves four or fewer lots that: | ||
(A) 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 | ||
(B) have access to an existing water supply and | ||
sewer service that meets the standards of the model rules and does | ||
not require the extension of water or sewer facilities. | ||
SECTION 12. This Act takes effect September 1, 2023. |