Bill Text: TX HB1604 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation of land development, including county building code standards for new residential construction, and sales in certain counties and municipalities; providing penalties.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2011-05-21 - Committee report printed and distributed [HB1604 Detail]

Download: Texas-2011-HB1604-Introduced.html

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82R7228 MXM-D
By: Guillen H.B. No. 1604

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of subdivisions in counties, including
certain border and economically distressed counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.0031, Local Government Code, is
amended to read as follows:
Sec. 232.0031. CHAPTER-WIDE PROVISION RELATING TO STANDARD
FOR ROADS IN SUBDIVISION. A county may not impose under this
chapter [Section 232.003] a higher standard for streets or roads in
a subdivision than the county imposes on itself for the
construction of streets or roads:
(1) with a similar type and amount of traffic; and
(2) that were established or laid out on or after
September 1, 1989.
SECTION 2. Section 232.022(d), Local Government Code, is
amended to read as follows:
(d) This subchapter does not apply if all [each] of the lots
of the subdivision are more than [is] 10 [or more] acres.
SECTION 3. Section 232.023, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) 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 five
acres or less. A commissioners court by order may require each
subdivider of land to prepare a plat if at least one of the lots of a
subdivision is more than five acres but not more than 10 acres.
(a-1) A subdivision of a tract under this section
[subsection] 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.
SECTION 4. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.0375 to read as follows:
Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) Before an enforcement action
may be filed against a subdivider under this subchapter, the
subdivider must be notified in writing about the general nature of
the alleged violation and given 90 days from the notification date
to cure the violation. After the 90th day after the date of the
notification, the enforcement action may proceed.
(b) This section does not apply to an enforcement action
filed because an occupied dwelling allegedly lacks water or sewer
service.
SECTION 5. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.045 to read as follows:
Sec. 232.045. EARNEST MONEY CONTRACTS. (a) A person may
advertise the sale of an undeveloped lot that is part of a tract of
land that has not been platted, and may enter into an earnest money
contract with a potential purchaser of the lot, if the earnest money
contract prohibits the possession or occupation of the lot until:
(1) the tract on which the lot is located receives
final plat approval under Section 232.024; and
(2) all water and sewer service facilities for the lot
are connected or installed in compliance with the model rules
adopted under Section 16.343, Water Code.
(b) A person offering a lot for sale under this section
shall provide a purchaser with a written notice, which must be
attached to the earnest money contract, informing the purchaser
that no person may possess or occupy the lot until the conditions
described by Subsection (a) are satisfied.
SECTION 6. Section 232.072, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The owner of a tract of land that divides the tract in
any manner that creates lots of five acres or less intended for
residential purposes must have a plat of the subdivision prepared.
A commissioners court by order may require each subdivider of land
to prepare a plat if at least one of the lots of a subdivision is
more than five acres but not more than 10 acres.
(a-1) 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.
SECTION 7. Subchapter C, Chapter 232, Local Government
Code, is amended by adding Section 232.0805 to read as follows:
Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021.
(b) Before an enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to an enforcement action
filed because an occupied dwelling allegedly lacks water or sewer
service.
SECTION 8. Subchapter J, Chapter 16, Water Code, is amended
by adding Section 16.3541 to read as follows:
Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021, Local
Government Code.
(b) Before an enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to an enforcement action
filed because an occupied dwelling allegedly lacks water or sewer
service.
SECTION 9. The changes in law made by this Act to Sections
232.022, 232.023, and 232.072, Local Government Code, apply only to
a subdivision plat application submitted for approval on or after
the effective date of this Act. A subdivision plat application
submitted for approval before the effective date of this Act is
governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 10. This Act applies only to an enforcement action
filed on or after the effective date of this Act. An enforcement
action filed before the effective date of this Act is governed by
the law as it existed when the action was filed, and the former law
is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2011.