The planning commission or its designee shall allow an applicant to timely submit the missing documents or other information. (B) construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005. 2, eff. A person may not meet the requirements of this subsection through the use of a letter of credit unless that letter of credit is irrevocable and issued by an institution guaranteed by the FDIC. TITLE 7. 4, eff. (a) A subdivider or an agent of a subdivider may not cause, suffer, allow, or permit a lot to be sold in a subdivision if the subdivision has not been platted as required by this subchapter. This subsection applies only to: (1) a municipality that provides utility services; (2) a municipally owned or municipally operated utility that provides utility services; (3) a public utility that provides utility services; (4) a nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides utility services; (5) a county that provides utility services; and. September 1, 2007. 951 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (b) On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the county to review the order of the county and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. At the conclusion of the hearing, the court shall adopt an order on whether to cancel the subdivision. FIRE SUPPRESSION SYSTEM. 232.0315. 149, Sec. 7, eff. Sec. 400 (S.B. (a) A sale under this subchapter must be made by: (b) Before a sale may take place under this subchapter, the receiver must publish notice of the proposed sale before the 60th day before the date the sale is to be held and again before the 30th day before the date the sale is to be held. 3.04, eff. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. 1, eff. Rates will vary and will be posted upon arrival. 3410), Sec. (1) include on the plat or have attached to the plat a document containing a description of the water and sewer service facilities that will be constructed or installed to service the subdivision and a statement of the date by which the facilities will be fully operable; and. Rates will vary and will be posted upon arrival. 5, eff. NEITHER THE COUNTY NOR THE SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Sec. 39, eff. (e) The failure of the attorney general to comment or object to a delay or variance granted under this section does not constitute a waiver of or consent to the validity of the delay or variance granted. (B) the information required by Subsection (f)(2) may be found on the county's Internet website. (b) Except as provided by Subsections (c) and (k) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Sections 232.028(b)(2) and (3) that adequate water and sewer services have been installed to service the lot or subdivision. Sec. FINANCIAL DISCLOSURE. (e) The statement under Subsection (d) must include the following information: (2) the remaining amount owed under the contract; (3) the annual interest rate charged under the contract during the preceding 12-month period; and. Acts 2007, 80th Leg., R.S., Ch. June 19, 2009. (b) The commissioners court shall adopt infrastructure standards requiring at least two means of ingress and egress in the subdivision to provide for sufficient routes of travel for use by emergency vehicles and for use during evacuations resulting from fire or other natural disasters. (2) if the county maintains an Internet website, post notice of the application continuously on the website for at least 30 days preceding the date of the meeting to consider the application until the day after the meeting. 4, eff. The documentation or other information must relate to a requirement authorized by law. (e) The commissioners court shall make its determinations within 20 days after the date it receives the request under Subsection (b) and shall issue the certificate, if appropriate, within 10 days after the date the determinations are made. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. Sec. ADMINISTRATIVE DETERMINATION. 404, Sec. 232.158. (B) on or before January 1, 2001, owned and occupied the residential dwelling; (2) the utility previously provided the utility service on or before January 1, 2001, to the property for the person requesting the service; (3) the utility service provided as described by Subdivision (2) was terminated not earlier than five years before the date on which the person requesting utility service submits an application for that service; and. Sec. Sept. 1, 1999. CANCELLATION OF SUBDIVISION. 404, Sec. September 1, 2013. (4) the administrative determination that the lot has been abandoned, unoccupied, and undeveloped. (6) "Lot" means a parcel into which land that is intended for residential use is divided. 404, Sec. (2) suitable temporary sanitary wastewater disposal facilities. (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. Due to a change in the statue, participating jurisdictions may elect to turn over their delinquent business property taxes to their delinquent tax attorneys for collection on April 1st of the year the taxes became delinquent, and are also subject to an additional collection penalty of 15 or 20% of the taxes, penalties and interest due. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. SUBCHAPTER A. SUBDIVISION PLATTING REQUIREMENTS IN GENERAL. 301, Sec. Plats are schematic drawings of a property usually generated by surveyors. 736, Sec. 2021 International Fuel Gas Code, IFGC. September 1, 2013. Acts 2005, 79th Leg., Ch. PLAT REQUIRED. (2) the owner does not lay out a part of the tract described by Section 232.001(a)(3). Amended by Acts 2001, 77th Leg., ch. Added by Acts 1995, 74th Leg., ch. (e) The planning commission may adopt rules necessary to administer this subchapter. SUBCHAPTER C. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN ECONOMICALLY DISTRESSED COUNTIES. You may make your request by E-filing, Mail or in person. (2) in an affected county, as defined by Section 16.341, Water Code, that has adopted the model rules developed under Section 16.343, Water Code, and is located along an international border. Sec. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 232.002. 1010 (H.B. June 15, 2007. (b) A person owning real property in this state that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court of the county in which the property is located for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. 979, Sec. (f) The finding by a court of a violation of this section does not render voidable an action of the commissioners court unless the measure would not have passed the commissioners court but for the vote of the member who violated this section. FINANCIAL GUARANTEE IN LIEU OF BOND. 781), Sec. BOND REQUIREMENTS. 523, Sec. (g) A person requesting service may obtain a certificate under Subsection (d)(2) only if the person provides to the commissioners court an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 2005. Sec. 129, Sec. Acts 2005, 79th Leg., Ch. Construction in Harris County or Flood Control District Rights of Way Regulations Contracting With a Person Indebted to the County-Adopted 3-30-04; revised October 27, 2009 County Administration Office Transition Plan adopted August 10, 2021 Sept. 1, 1987. Sept. 1, 1999. June 16, 2007. The county's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt reasonable standards for minimum lot frontages on existing county roads and establish reasonable standards for the lot frontages in relation to curves in the road. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. 232.024. LOT FRONTAGES. (2) a notarized affidavit by the person requesting service that states that: (A) the property was sold or conveyed to that person before September 1, 2005; and. (D) the amendment does not have a material adverse effect on the property rights of the other owners of the property that is the subject of the plat. Sept. 1, 1999. (a) Except as provided by Subsection (d), a subdivider may not sell or lease land in a subdivision first platted or replatted after July 1, 1995, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024. (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. 9, eff. June 16, 1995. CIVIL PENALTIES. 404, Sec. (c) At the hearing, an owner or lienholder may provide testimony and present evidence to refute any of the five required elements for a determination under Section 232.152. 232.00285. Sec. 232.092. 12, eff. (f) All funds that come into the hands of the receiver shall be deposited in a place in this state directed by the court. Sept. 1, 1999. 561, Sec. 232.072. 708 (S.B. Amended by Acts 1999, 76th Leg., ch. Applications for any subdivision approval shall be processed on a case-by-case basis and a given application may name only on (1) Subdivision as the subject for approval. The subdivider must comply with the requirement before subdividing the tract. (c) Except as provided by Subsection (c-1), after the application is filed with the commissioners court, the court shall publish a notice of the application in a newspaper of general circulation in the county. (b) Before a person assumes the duties of a receiver, the person must be sworn to perform the duties faithfully. (3) the land was not subdivided after September 1, 1995, and: (A) water service is available within 750 feet of the subdivided land; or. Sept. 1, 1989; Acts 2001, 77th Leg., ch. (d) The commissioners court may not adopt minimum infrastructure standards that are more stringent than requirements adopted by the commissioners court for subdivisions. (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to an original corner of the original survey of which it is a part; and. (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 the effective date of this section; and. Sept. 1, 1989. CONCERNING THE PROPERTY AT (street address or legal description and municipality). June 19, 2009. 3.04, eff. June 16, 1995. (5) be conditioned that the roads and streets and the drainage requirements for the subdivision will be constructed: (A) in accordance with the specifications adopted by the court; and. (c) This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code. The minutes of the planning commission's proceedings are a public record. (d) Except as provided by Subsection (e), a person who violates Subsection (a) or (b) is subject to a civil penalty of not less than $10,000 or more than $15,000 for each lot conveyed or each subdivision that becomes a nuisance. Sec. This document will include limitations on how property is to be used, built, maintained, etc. (a) If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the commissioners court of a county by order may require the plat application to have attached to it a statement that: (1) is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and. 232.041. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (m) A utility may not serve or connect subdivided property as described by Subsection (k) if, on or after September 1, 2007, any existing improvements on that property are modified. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. 232.001. 1, eff. DEVELOPMENT PLAN REVIEW. 1, eff. 1062, Sec. If a final inspection is not required, the commissioners court shall issue a certificate of compliance not later than the fifth business day after the date the commissioners court or the person designated by the commissioners court receives written certification from the owner that construction of the infrastructure has been completed in compliance with the infrastructure development plan. 232.0026. 232.040. 21, eff. SET-BACKS. Amended by Acts 1989, 71st Leg., ch. A knowing or intentional violation of the requirement is an offense under Subsection (b). . The subdivider must comply with the requirement before subdividing the tract. Added by Acts 2007, 80th Leg., R.S., Ch. 523, Sec. ___ No person has a lien filed against the property. Sec. BOND REQUIREMENTS. (a) This section applies only to real property located outside municipalities and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42. September 1, 2007. Sept. 1, 2001. Sec. (i) A receiver shall have a lien on the property under receivership for all of the receiver's unreimbursed costs and expenses and any receivership fee as detailed in the summary and accounting under Subsection (g)(1). (a) In this section, "development plan" includes a preliminary plat, preliminary subdivision plan, subdivision construction plan, site plan, general plan, land development application, or site development plan. Sec. 552), Sec. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision: (6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing how and when water, sewer, electricity, and gas services will be made available to the subdivision; and. (a) Without complying with the competitive sealed bidding procedure of Chapter 262, a commissioners court may make a contract with a developer of a subdivision or land in the unincorporated area of the county to construct public improvements, not including a building, related to the development. Amended by Acts 1997, 75th Leg., ch. (2) the purchaser requests the written documents to be provided in Spanish. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER. (a) The attorney general, or the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney of the county may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to: (1) enjoin the violation or threatened violation of the model rules adopted under Section 16.343, Water Code; (2) enjoin the violation or threatened violation of a requirement of this subchapter or a rule adopted by the commissioners court under this subchapter; (3) recover civil or criminal penalties, attorney's fees, litigation costs, and investigation costs; and. Sec. 9, eff. September 1, 2007. 430 (S.B. 425), Sec. 4, eff. (k) Subject to Subsections (l) and (m), a utility that does not hold a certificate issued by, or has not received a determination from, the commissioners court under Section 232.028 to serve or connect subdivided property with electricity or gas may provide that service to a single-family residential dwelling on that property if: (1) the person requesting utility service: (A) is the owner and occupant of the residential dwelling; and. September 1, 2013. Added by Acts 1995, 74th Leg., ch. 4, eff. A county need not require platting for every division of land otherwise within the scope of this subchapter. (d) On the closing of a sale of property under this subchapter, fee simple title shall be vested in the purchaser. 1857), Sec. 1, eff. 25, eff. If a petition is not filed within 60 calendar days of the order, the order shall become final. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. (a) Unless a person has completed the installation of all water and sewer service facilities required by this subchapter on the date that person applies for final approval of a plat under Section 232.024, the commissioners court shall require the subdivider of the tract to execute and maintain in effect a bond or, in the alternative, a person may make a cash deposit in an amount the commissioners court determines will ensure compliance with this subchapter. 232.029. After hearing any testimony and reviewing the evidence, the commissioners court shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer. 1867), Sec. CONNECTION OF UTILITIES IN CERTAIN COUNTIES. 18.35, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (f) A person requesting service may obtain a certificate under Subsection (d)(1) only if the person provides to the commissioners court either: (A) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 2005; and, (B) a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005; or.
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