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.