Bill Text: TX SB692 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation by certain counties of lots in platted subdivisions that have remained undeveloped.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-19 - Committee report sent to Calendars [SB692 Detail]
Download: Texas-2017-SB692-Comm_Sub.html
Bill Title: Relating to regulation by certain counties of lots in platted subdivisions that have remained undeveloped.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-19 - Committee report sent to Calendars [SB692 Detail]
Download: Texas-2017-SB692-Comm_Sub.html
By: Rodríguez | S.B. No. 692 | |
(In the Senate - Filed January 31, 2017; February 15, 2017, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; April 11, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 2; | ||
April 11, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 692 | By: Garcia |
|
||
|
||
relating to regulation by certain counties of lots in platted | ||
subdivisions that have remained undeveloped. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 232.008(h), Local Government Code, is | ||
amended to read as follows: | ||
(h) Regardless of the date land is subdivided or a plat is | ||
filed for a subdivision, the commissioners court may deny a | ||
cancellation under this section if the commissioners court | ||
determines the cancellation will prevent the proposed | ||
interconnection of infrastructure to pending or existing | ||
development as defined by Section 232.0395 [ |
||
SECTION 2. Section 232.0085, Local Government Code, is | ||
transferred to Subchapter B, Chapter 232, Local Government Code, | ||
redesignated as Section 232.0395, Local Government Code, and | ||
amended to read as follows: | ||
Sec. 232.0395 [ |
||
SUBDIVISIONS IF LAND REMAINS UNDEVELOPED. (a) This section | ||
applies only to real property located in the unincorporated area | ||
of[ |
||
[ |
||
|
||
[ |
||
16.341, Water Code, that: | ||
(1) has adopted the model rules developed under | ||
Section 16.343, Water Code;[ |
||
(2) is located along an international border. | ||
(b) The commissioners court of a county may cancel, after | ||
notice and a hearing as required by this section, a subdivision for | ||
which the plat was filed and approved before September 1, 1989, if: | ||
(1) the development of or the making of improvements | ||
in the subdivision was not begun before June 5, 1995 [ |
||
|
||
(2) the commissioners court by resolution has made a | ||
finding that the land in question is likely to be developed as a | ||
colonia. | ||
(c) The commissioners court must publish notice of a | ||
proposal to cancel a subdivision under this section and the time and | ||
place of the required hearing in a newspaper of general circulation | ||
in the county for at least 21 days immediately before the date a | ||
cancellation order is adopted under this section. The county tax | ||
assessor-collector shall, not later than the 14th day before the | ||
date of the hearing, deposit with the United States Postal Service a | ||
similar notice addressed to each owner of land in the subdivision, | ||
as determined by the most recent county tax roll. | ||
(d) At the hearing, the commissioners court shall permit any | ||
interested person to be heard. At the conclusion of the hearing, | ||
the court shall adopt an order on whether to cancel the subdivision. | ||
The commissioners court may adopt an order canceling a subdivision | ||
if the court determines the cancellation is in the best interest of | ||
the public. The court may not adopt an order canceling a | ||
subdivision if: | ||
(1) the cancellation interferes with the established | ||
rights of a person who is a nondeveloper owner and owns any part of | ||
the subdivision, unless the person agrees to the cancellation; or | ||
(2) the owner of the entire subdivision is able to show | ||
that: | ||
(A) the owner of the subdivision is able to | ||
comply with the minimum state standards and model political | ||
subdivision rules developed under Section 16.343, Water Code, | ||
including any bonding requirements; or | ||
(B) the land was developed or improved within the | ||
period described by Subsection (b). | ||
(e) The commissioners court shall file the cancellation | ||
order for recording in the deed records of the county. After the | ||
cancellation order is filed and recorded, the property shall be | ||
treated as if it had never been subdivided, and the county chief | ||
appraiser shall assess the property accordingly. Any liens against | ||
the property shall remain against the property as it was previously | ||
subdivided. | ||
(f) In this section: | ||
(1) "Development" means the making, installing, or | ||
constructing of buildings and improvements. | ||
(2) "Improvements" means water supply, treatment, and | ||
distribution facilities; wastewater collection and treatment | ||
facilities; and other utility facilities. The term does not | ||
include roadway facilities. | ||
(3) "Nondeveloper owner" means a person who: | ||
(A) owns one or more lots in a subdivision to be | ||
occupied as the owner's personal residence; and | ||
(B) has not participated and does not participate | ||
in the marketing, promotion, or offering of lots for sale or lease | ||
as part of a common promotional plan in the ordinary course of | ||
business. | ||
SECTION 3. Subchapter B, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.045 to read as follows: | ||
Sec. 232.045. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS | ||
TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a) This section applies | ||
only to a county with a population of more than 800,000 that is | ||
adjacent to an international border. | ||
(b) 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. | ||
(c) 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. | ||
(d) 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 4. A county may not apply an order adopted under | ||
Section 232.045, Local Government Code, as added by this Act, to a | ||
subdivision that is the subject of a judicial proceeding pending on | ||
September 1, 2017, to determine whether the subdivision is subject | ||
to a valid and existing subdivision plat. | ||
SECTION 5. This Act takes effect January 1, 2018. | ||
* * * * * |