SB2577 - Relating to subdivision plat requirements in certain counties.

      By: Hinojosa of Nueces S.B. No. 2577               A BILL TO BE ENTITLED   AN ACT   relating to subdivision plat requirements in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 232.0015(b), Local Government Code, is   amended to read as follows:          (b)  Except as provided by Section 232.0013, this subchapter   does not apply to a subdivision of land to which Subchapter B or   Subchapter G applies.          SECTION 2.  Section 232.022, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)   Except as provided by Subsection (a-1), this [ This ]   subchapter applies only to:                (1)  a county any part of which is located within 50   miles of an international border; or                (2)  a county:                      (A)  any part of which is located within 100 miles   of an international border;                      (B)  that contains the majority of the area of a   municipality with a population of more than 250,000; and                      (C)  to which Subdivision (1) does not apply.           (a-1)     This subchapter does not apply to a county that   borders:                 (1)  the United Mexican States; and                   (2)  the Gulf of Mexico.          SECTION 3.  Section 232.071, Local Government Code, is   amended to read as follows:          Sec. 232.071.  APPLICABILITY. This subchapter applies only   to the subdivision of land located:                (1)  outside the corporate limits of a municipality;   and                (2)  in a county:                      (A)  in which is located a political subdivision   that is eligible for and has applied for financial assistance under   Section 15.407, Water Code, or Subchapter K, Chapter 17, Water   Code; and                      (B)  to which Subchapters [ Subchapter ] B and G do     [ does ] not apply.          SECTION 4.  Chapter 232, Local Government Code, is amended   by adding Subchapter G to read as follows:   SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN   COUNTIES           Sec. 232.201.  DEFINITIONS. In this subchapter:                 (1)  "Board" means the Texas Water Development Board.                 (2)     "Common promotional plan" means any plan or scheme   of operation undertaken by a single subdivider or a group of   subdividers acting in concert, either personally or through an   agent, to offer for sale or lease lots when the land is:                       (A)     contiguous or part of the same area of land;   or                       (B)     known, designated, or advertised as a common   unit or by a common name.                 (3)     "Executive administrator" means the executive   administrator of the Texas Water Development Board.                 (4)     "Floodplain" means any area in the 100-year   floodplain that is susceptible to being inundated by water from any   source or that is identified by the Federal Emergency Management   Agency under the National Flood Insurance Act of 1968 (42 U.S.C.   Sections 4001 through 4127).                 (5)  "Lease" includes an offer to lease.                 (6)  "Lot" means a parcel into which land is divided.                 (7)  "Lot of record" means:                       (A)     a lot, the boundaries of which were   established by a plat recorded in the office of the county clerk   before September 1, 1989, that has not been subdivided after   September 1, 1989; or                       (B)     a lot, the boundaries of which were   established by a metes and bounds description in a deed of   conveyance, a contract of sale, or other executory contract to   convey real property that has been legally executed and recorded in   the office of the county clerk before September 1, 1989, that has   not been subdivided after September 1, 1989.                 (8)     "Minimum state standards" means the minimum   standards set out for:                       (A)     adequate drinking water by or under Section   16.343(b)(1), Water Code;                       (B)     adequate sewer facilities by or under Section   16.343(c)(1), Water Code; or                       (C)     the treatment, disposal, and management of   solid waste by or under Chapters 361 and 364, Health and Safety   Code.                 (9)     "Plat" means a map, chart, survey, plan, or replat   containing a description of the subdivided land with ties to   permanent landmarks or monuments.                 (10)  "Sell" includes an offer to sell.                 (11)     "Sewer," "sewer services," or "sewer facilities"   means treatment works as defined by Section 17.001, Water Code, or   individual, on-site, or cluster treatment systems such as septic   tanks and includes drainage facilities and other improvements for   proper functioning of septic tank systems.                 (12)     "Subdivide" means to divide the surface area of   land into lots.                 (13)     "Subdivider" means an individual, firm,   corporation, or other legal entity that directly or indirectly   subdivides land into lots for sale or lease as part of a common   promotional plan in the ordinary course of business.                 (14)     "Subdivision" means an area of land that has been   subdivided into lots for sale or lease.                 (15)     "Utility" means a person, including a legal   entity or political subdivision, that provides the services of:                       (A)     an electric utility, as defined by Section   31.002, Utilities Code;                       (B)     a gas utility, as defined by Section 101.003,   Utilities Code; and                       (C)     a water and sewer utility, as defined by   Section 13.002, Water Code.           Sec.   232.202.     APPLICABILITY. (a) This subchapter applies   only to a county that borders:                 (1)  the United Mexican States; and                   (2)  the Gulf of Mexico.           (b)     This subchapter applies only to land that is subdivided   into two or more lots where at least one lot is less than five acres.   This subchapter does not apply if the subdivision:                 (1)     is incident to the conveyance of the land as a gift   between persons related to each other within the third degree by   affinity or consanguinity, as determined under Chapter 573,   Government Code;                 (2)     has received an exemption from a county under   Section 16.350(d), Water Code.           (c)     Except as provided by Subsection (c-1), for purposes of   this section, land is considered to be in the jurisdiction of a   county if the land is located in the county and outside the   corporate limits of municipalities.           (d)     Land in a municipality's extraterritorial jurisdiction   is not considered to be in the jurisdiction of a county for purposes   of this section if the municipality and the county have entered into   a written agreement under Section 242.001 that authorizes the   municipality to regulate subdivision plats and approve related   permits in the municipality's extraterritorial jurisdiction.           (e)     This subchapter does not apply if all of the lots of the   subdivision are 5 acres or more.           Sec.   232.203.     PLAT REQUIRED. (a) A subdivider of land must   have a plat of the subdivision prepared if at least one of the lots   of the subdivision is less than five acres. A commissioners court   may require each subdivider of land to prepare a plat if none of the   lots is less than five acres but at least one of the lots of a   subdivision is five acres or more but less than 10 acres under the   provisions and general platting requirements of Subchapter A.           (b)     A subdivision of a tract under this section includes a   subdivision of real property by any method of conveyance, including   a contract for deed, oral contract, contract of sale, or other type   of executory contract, regardless of whether the subdivision is   made by using a metes and bounds description.           (c)  A plat required under this section must:                 (1)     be certified by a surveyor or engineer registered   to practice in this state;                 (2)  define the subdivision by metes and bounds;                 (3)     locate the subdivision with respect to an original   corner of the original survey of which it is a part;                 (4)     describe each lot, number each lot in progression,   and give the dimensions of each lot;                 (5)     state the dimensions of and accurately describe   each lot, street, alley, square, park, or other part of the tract   intended to be dedicated to public use or for the use of purchasers   or owners of lots fronting on or adjacent to the street, alley,   square, park, or other part;                 (6)     include or have attached a document containing a   description in English and Spanish of the water and sewer   facilities and roadways and easements dedicated for the provision   of water and sewer facilities that will be constructed or installed   to service the subdivision and a statement specifying the date by   which the facilities will be fully operable;                 (7)     have att [Text truncated for display. 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