Bill Text: TX HB3314 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to certain requirements to replat certain municipal subdivision plats.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3314 Detail]
Download: Texas-2019-HB3314-Enrolled.html
H.B. No. 3314 |
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relating to certain requirements to replat certain municipal | ||
subdivision plats. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 212.014, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. | ||
A replat of a subdivision or part of a subdivision may be recorded | ||
and is controlling over the preceding plat without vacation of that | ||
plat if the replat: | ||
(1) is signed and acknowledged by only the owners of | ||
the property being replatted; | ||
(2) is approved[ |
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and | ||
(3) does not attempt to amend or remove any covenants | ||
or restrictions. | ||
SECTION 2. Section 212.015, Local Government Code, is | ||
amended by adding Subsections (a-1), (f), and (g) and amending | ||
Subsection (b) to read as follows: | ||
(a-1) If a proposed replat described by Subsection (a) | ||
requires a variance or exception, a public hearing must be held by | ||
the municipal planning commission or the governing body of the | ||
municipality. | ||
(b) Notice of the hearing required under Subsection (a-1) | ||
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of the hearing by: | ||
(1) publication in an official newspaper or a | ||
newspaper of general circulation in the county in which the | ||
municipality is located; and | ||
(2) by written notice, with a copy of Subsection (c) | ||
attached, forwarded by the municipal authority responsible for | ||
approving plats to the owners of lots that are in the original | ||
subdivision and that are within 200 feet of the lots to be | ||
replatted, as indicated on the most recently approved municipal tax | ||
roll or in the case of a subdivision within the extraterritorial | ||
jurisdiction, the most recently approved county tax roll of the | ||
property upon which the replat is requested. The written notice may | ||
be delivered by depositing the notice, properly addressed with | ||
postage prepaid, in a post office or postal depository within the | ||
boundaries of the municipality. | ||
(f) If a proposed replat described by Subsection (a) does | ||
not require a variance or exception, the municipality shall, not | ||
later than the 15th day after the date the replat is approved, | ||
provide written notice by mail of the approval of the replat to each | ||
owner of a lot in the original subdivision that is within 200 feet | ||
of the lots to be replatted according to the most recent | ||
municipality or county tax roll. This subsection does not apply to | ||
a proposed replat if the municipal planning commission or the | ||
governing body of the municipality holds a public hearing and gives | ||
notice of the hearing in the manner provided by Subsection (b). | ||
(g) The notice of a replat approval required by Subsection | ||
(f) must include: | ||
(1) the zoning designation of the property after the | ||
replat; and | ||
(2) a telephone number and e-mail address an owner of a | ||
lot may use to contact the municipality about the replat. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3314 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 127, Nays 14, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3314 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |