HB3680 - Relating to subdivision plat requirements in certain counties; authorizing a fee; authorizing a civil penalty; creating a criminal offense.

      H.B. No. 3680         AN ACT   relating to subdivision plat requirements in certain counties;   authorizing a fee; authorizing a civil penalty; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.012(d), Local Government Code, is   amended to read as follows:          (d)  In a county to which Subchapter B or G , Chapter 232,   applies, an entity described by Subsection (b) may serve or connect   land with water, sewer, electricity, gas, or other utility service   that is located in the extraterritorial jurisdiction of a   municipality regardless of whether the entity is presented with or   otherwise holds a certificate applicable to the land issued under   Section 212.0115, if the municipal authority responsible for   approving plats issues a certificate stating that:                (1)  the subdivided land:                      (A)  was sold or conveyed by a subdivider by any   means of conveyance, including a contract for deed or executory   contract, before:                            (i)  September 1, 1995, in a county defined   under Section 232.022(a)(1);                            (ii)  September 1, 1999, in a county defined   under Section 232.022(a)(1) if, on August 31, 1999, the subdivided   land was located in the extraterritorial jurisdiction of a   municipality as determined by Chapter 42; or                            (iii)  September 1, 2005, in a county   defined under Section 232.022(a)(2);                      (B)  has not been subdivided after September 1,   1995, September 1, 1999, or September 1, 2005, as applicable under   Paragraph (A);                      (C)  is the site of construction of a residence,   evidenced by at least the existence of a completed foundation, that   was begun on or before:                            (i)  May 1, 2003, in a county defined under   Section 232.022(a)(1); or                            (ii)  September 1, 2005, in a county defined   under Section 232.022(a)(2); and                      (D)  has had adequate sewer services installed to   service the lot or dwelling, as determined by an authorized agent   responsible for the licensing or permitting of on-site sewage   facilities under Chapter 366, Health and Safety Code;                (2)  the subdivided land is a lot of record as defined   by Section 232.021(6-a) that is located in a county defined by   Section 232.022(a)(1) and has adequate sewer services installed   that are fully operable to service the lot or dwelling, as   determined by an authorized agent responsible for the licensing or   permitting of on-site sewage facilities under Chapter 366, Health   and Safety Code; or                (3)  the land was not subdivided after September 1,   1995, in a county defined under Section 232.022(a)(1), or September   1, 2005, in a county defined under Section 232.022(a)(2), and:                      (A)  water service is available within 750 feet of   the subdivided land; or                      (B)  water service is available more than 750 feet   from the subdivided land and the extension of water service to the   land may be feasible, subject to a final determination by the water   service provider.          SECTION 2.  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 G     applies.          SECTION 3.  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 to which   Subchapter G applies.          SECTION 4.  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 5.  Section 232.091, Local Government Code, is   amended to read as follows:          Sec. 232.091.  APPLICABILITY. This subchapter applies only   to a county:                (1)  authorized to establish a planning commission   under Subchapter B , [ or ] C , or G ; and                (2)  in which the commissioners court by order elects   to operate under this subchapter.          SECTION 6.  Chapter 232, Local Government Code, is amended   by adding Subchapter G to read as follows:   SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN   COUNTIES NEAR INTERNATIONAL BORDER AND GULF OF MEXICO           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.   Section 4001 et seq.).                 (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;     &# [Text truncated for display. 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