TRE ATTORSE~ GESERAL 

OF ‘IL‘ESAS 

Nay 15, 1987 

Bonorable John D. Hughes 

Hood County Attorney 

Room 6, County Courthouse 

Granbury, Texas 76040 

Opinion No. J&i-699 

Re: Whether a county clerk is required 

co notify nondeveloper owners of land 

in a subdivision of a developer's request to revise a subdivision plat 

Dear Mr. Hughes: 

Article 6626e. V.T.C.S., provides for the revision by devriopers 

of subdivision plats subject co the subdivision controls of the county 

and filed for record with the county clerk. See art. 6626e, §l; cf. 

Attorney General Opinion JM-365 (1985). Section 3 or article 6626e 

provides that the county commissioners court shall permit the revision 

if it is shown either that the revision will nor. interfere with the 

established rights of any owner of a part of the subdivided land or, 

if the revision will interfere with such owners' rights, that the 

owners have agreed to the revision. Section 2 of the act provides for 

notice of thk proposed revision by general publication and by specific 

notice to the nondeveloper owners of the subdivided land. 

You ask two questions about the notice provisions of article 

6626e. Your first question is whether section 2 requires the county 

to send notice to nondeveloper owners of part of the subdivided tract 

or whether the county clerk may require the developer to notify 

nondeveloper owners. Your second question relates to iarge subdivisions which have been platted in smaller units. You ask whdchsr 

all nondrveioper owners in the subdivision must be notified or whether 

notice may be sent only to those nondeveloper owners of land in the 

unit of the subdivision that is subject to revision. 

Section 2 of article 6626e provides: 

(a) After the application is filed with the 

commissioners court, the court shall cause a 

notice of the application to be printed in d newspaper of general circulation in the county. The 

notice must include a statement of the time and 

place at which the commissioners court will meet 

p. 3239 
Honorable John D. Hughes - Page 2 (JM-699) 

to consider the application and to hear protests 

to the revision of the subdivision plat. 

(b) The notice musr be published at least 

three times within the period beginning on the 

30th day axLending on the seventh day before the 

date of the meeting. 

(c) If ali or part of the subdivided tract has 

been sold to nondeveloper owners, notice shall 

also be given to each owner, at his address on 

said tract. by certifieu mail or registered nail, 

return receipt requested. (Emphasis added). 

Resolution of your first question depends on whether subsection (c) 

was intented to place a duty on the comissionrrs court to notify 

nondeveloper owners. 

Statutory construction depends on a determination of legislative 

intent. The language of a statute is the primary guide in determining 

legislative intent. The language and syntax of section 2 indicate 

that the legislature intended that the county commissioners court 

notify nondeveloper owners of proposed subdivision revisions. Subsection (a) of section 2 refers to the commissioners court and 

expressly requires “the court” to cause notice to be printed.111 a 

newspaper of general circulation in the county. Subsection (c) scaces 

that “notice shall also be given to each owner. . . .” Although 

subsection (c) does not refer expressly to the commissioners court, 

the use of the word “also” indicates that subsection (c) imposes an 

additional notice responsibility on the county coolmissioners court. 

You also ask whether all nondeveloper owners in the subdivision 

must be notified or whether the county may limit notice to nondeveloper owners of land in the unit of the subdivision chat is 

subject to revision. If one subdivision plat could be divided into 

smaller unirs for purposes of determining which landowners to notify, 

a core purpose of the notice requirements would be violated. Subsection (c) of section 2 states that “[ilf all or part of the subdivided tract hds been sold to nondeveloper owners, notice shall also 

be given to each owner. . . .” (Emphasis added). This subsection 

refers to “each” nondeveloper owner of land in the “subdivided tract;” 

it does not limit notice to owners in some smaller “affected portion” 

of the subdivision. Nor does it limit notice to owners ,in cbe “aubdivision plac.” Even if one subdivision is platred in various units, 

it remains one subdivision. Consequently, the legislature must have 

intended that the county notify all nondeveloper owners in the 

subdivision of proposed revisions in the subdivision plat, including 

revisions in any smaller unit plat of the subdivision. 

p. 3240 
Honorable John D. Hughes - Page 3 (JM-699) 

SUMMARY 

Subsection (c) of section 2 of article 66260, 

V.T.C.S., places the duty on the county commirsioners court to notify all nondeveloper owners of 

all or part of a subdivided tract of a proposed 

revision of the subdivision plats including 

revisions in auy smalier unit plat of the rubdivision, filed for record with the county clerk. 

-JIM MAT-T 0 X 

Attorney General of Texas 

JACK HIGHTOWRR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STRARLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jennifer Riggs 

Assistant Attorney General 

p. 3241