reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 232.026 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.026. Water and Sewer Service Extension

Sec. 232.026.  WATER AND SEWER SERVICE EXTENSION.  (a)  The commissioners court may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the water and sewer service facilities must be fully operable if the commissioners court finds the extension is reasonable and not contrary to the public interest.(b)  The commissioners court may not grant an extension under Subsection (a) if it would allow an occupied residence to be without water or sewer services.(c)  If the commissioners court provides an extension, the commissioners court shall notify the attorney general of the extension and the reason for the extension.  The attorney general shall notify all other state agencies having enforcement power over subdivisions of the extension.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 8, eff. Sept. 1, 1999.|
TX Loc Govt Code § 232.027 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.027. Bond Requirements

Sec. 232.027.  BOND REQUIREMENTS.  (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.  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.  The subdivider must comply with the requirement before subdividing the tract.(b)  The bond must be conditioned on the construction or installation of water and sewer service facilities that will be in compliance with the model rules adopted under Section 16.343, Water Code.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.|
TX Loc Govt Code § 232.030 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.030. Subdivision Regulation; County Authority

Sec. 232.030.  SUBDIVISION REGULATION;  COUNTY AUTHORITY.  (a)  The commissioners court for each county shall adopt and enforce the model rules developed under Section 16.343, Water Code.(b)  Except as provided by Section 16.350(d), Water Code, or Section 232.042 or 232.043, the commissioners court may not grant a variance or adopt regulations that waive any requirements of this subchapter.(c)  The commissioners court shall adopt regulations setting forth requirements for:(1)  potable water sufficient in quality and quantity to meet minimum state standards;(2)  solid waste disposal meeting minimum state standards and rules adopted by the county under Chapter 364, Health and Safety Code;(3)  sufficient and adequate roads that satisfy the standards adopted by the county;(4)  sewer facilities meeting minimum state standards;(5)  electric service and gas service;  and(6)  standards for flood management meeting the minimum standards set forth by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Sections 4001 through 4127).(d)  In adopting regulations under Subsection (c)(2), the commissioners court may allow one or more commercial providers to provide solid waste disposal services as an alternative to having the service provided by the county.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 10, eff. Sept. 1, 1999.|
TX Loc Govt Code § 232.0305 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.0305. County Inspector

Sec. 232.0305.  COUNTY INSPECTOR.  (a)  The commissioners court may impose a fee on a subdivider of property under this subchapter for an inspection of the property to ensure compliance with the subdivision regulations adopted under this subchapter, Section 16.343, Water Code, or other law.(b)  Fees collected under this section may be used only to fund inspections conducted under this section.|Added by Acts 1999, 76th Leg., ch. 404, Sec. 11, eff. Sept. 1, 1999.|
TX Loc Govt Code § 232.031 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.031. Requirements Prior to Sale or Lease

Sec. 232.031.  REQUIREMENTS PRIOR TO SALE OR LEASE.  (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.(b)  Not later than the 30th day after the date a lot is sold, a subdivider shall record with the county clerk all sales contracts, including the attached disclosure statement required by Section 232.033, leases, and any other documents that convey an interest in the subdivided land.(c)  A document filed under Subsection (b) is a public record.(d)  In a county defined under Section 232.022(a)(2), a subdivider may not sell or lease land in a subdivision first platted or replatted after September 1, 2005, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.Amended by: Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 6, eff. September 1, 2005.|
TX Loc Govt Code § 232.0315 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.0315. Notice of Water and Wastewater Requirements by Counties

Sec. 232.0315.  NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY COUNTIES.  (a)  This section applies only to a county that sells:(1)  under Section 34.01, Tax Code, real property presumed to be for residential use under Section 232.022; or(2)  under Section 3, Part VI, Texas Rules of Civil Procedure, and Chapter 34, Civil Practice and Remedies Code, real property presumed to be for residential use under Section 232.022, taken by virtue of a writ of execution.(b)  A county shall include in the public notice of sale of the property and the deed conveying the property a statement substantially similar to the following:"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR JUDICIAL REQUIREMENTS.  BIDDERS WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED."THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED.  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.  BUYERS ASSUME ALL RISKS."IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE.  HOWEVER, IF THE PROPERTY LACKS WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR RESIDENTIAL USE.  A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL."(c)  The statement required by Subsection (b) must be:(1)  printed:(A)  in English and Spanish; and(B)  in 14-point boldface type or 14-point uppercase typewritten letters; and(2)  read aloud at the sale, in English and Spanish, by an agent of the county.(d)  A sale conducted in violation of this section is void.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1111 (S.B. 1760), Sec. 1, eff. September 1, 2011.|
TX Loc Govt Code § 232.032 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.032. Services Provided by Subdivider

Sec. 232.032.  SERVICES PROVIDED BY SUBDIVIDER.  A subdivider having an approved plat for a subdivision shall:(1)  furnish a certified letter from the utility provider stating that water is available to the subdivision sufficient in quality and quantity to meet minimum state standards required by Section 16.343, Water Code, and consistent with the certification in the letter, and that water of that quality and quantity will be made available to the point of delivery to all lots in the subdivision;(2)  furnish sewage treatment facilities that meet minimum state standards to fulfill the wastewater requirements of the subdivision or furnish certification by the appropriate county or state official having jurisdiction over the approval of the septic systems indicating that lots in the subdivision can be adequately and legally served by septic systems as provided under Chapter 366, Health and Safety Code;(3)  furnish roads satisfying minimum standards as adopted by the county;(4)  furnish adequate drainage meeting standard engineering practices;  and(5)  make a reasonable effort to have electric utility service and gas utility service installed by a utility.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.|
TX Loc Govt Code § 232.034 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.034. Conflict of Interest; Penalty

Sec. 232.034.  CONFLICT OF INTEREST;  PENALTY.  (a)  In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots.  The term does not mean an individual lot in a subdivided tract of land.(b)  A person has an interest in a subdivided tract if the person:(1)  has an equitable or legal ownership interest in the tract;(2)  acts as a developer of the tract;(3)  owns voting stock or shares of a business entity that:(A)  has an equitable or legal ownership interest in the tract;  or(B)  acts as a developer of the tract;  or(4)  receives in a calendar year money or any thing of value from a business entity described by Subdivision (3).(c)  A person also is considered to have an interest in a subdivided tract if the person is related in the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person who, under Subsection (b), has an interest in the tract.(d)  If a member of the commissioners court has an interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter.  The affidavit must be filed with the county clerk.(e)  A member of the commissioners court of a county commits an offense if the member violates Subsection (d).  An offense under this subsection is a Class A misdemeanor.(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.(g)  A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.|
TX Loc Govt Code § 232.035 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.035. Civil Penalties

Sec. 232.035.  CIVIL PENALTIES.  (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.(b)  Notwithstanding any other remedy at law or equity, a subdivider or an agent of a subdivider may not cause, suffer, allow, or permit any part of a subdivision over which the subdivider or an agent of the subdivider has control, or a right of ingress and egress, to become a public health nuisance as defined by Section 341.011, Health and Safety Code.(c)  A subdivider who fails to provide, in the time and manner described in the plat, for the construction or installation of water or sewer service facilities described on the plat or on the document attached to the plat or who otherwise violates this subchapter or a rule or requirement adopted by the commissioners court under this subchapter is subject to a civil penalty of not less than $500 or more than $1,000 for each violation and for each day of a continuing violation but not to exceed $5,000 each day and shall also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit.(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.  The person must also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit.(e)  A person who violates Subsection (b) is not subject to a fine under Subsection (d) if the person corrects the nuisance not later than the 30th day after the date the person receives notice from the attorney general or a local health authority of the nuisance.(f)  Venue for an action under this section is in a district court of Travis County, a district court in the county in which the defendant resides, or a district court in the county in which the violation or threat of violation occurs.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 12, eff. Sept. 1, 1999.|
TX Loc Govt Code § 232.036 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.036. Criminal Penalties

Sec. 232.036.  CRIMINAL PENALTIES.  (a)  A subdivider commits an offense if the subdivider knowingly fails to file a plat required by this subchapter.  An offense under this subsection is a Class A misdemeanor.(b)  A subdivider who owns a subdivision commits an offense if the subdivider knowingly fails to timely provide for the construction or installation of water or sewer service as required by Section 232.032 or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032.  An offense under this subsection is a Class A misdemeanor.(c)  If it is shown at the trial of an offense under Subsection (a) that the defendant caused five or more residences in the subdivision to be inhabited, the offense is a state jail felony.(d)  A subdivider commits an offense if the subdivider allows the conveyance of a lot in the subdivision without the appropriate water and sewer utilities as required by Section 232.032 or without having made a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032.  An offense under this section is a Class A misdemeanor.  Each lot conveyed constitutes a separate offense.(e)  Venue for prosecution for a violation under this section is in the county in which any element of the violation is alleged to have occurred or in Travis County.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.|
TX Loc Govt Code § 232.037 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.037. Enforcement

Sec. 232.037.  ENFORCEMENT.  (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(4)  require platting or replatting under Section 232.040.(b)  The attorney general, at the request of the district or county attorney with jurisdiction, may conduct a criminal prosecution under Section 232.033(h) or 232.036.(c)  During the pendency of any enforcement action brought, any resident of the affected subdivision, or the attorney general, district attorney, or county attorney on behalf of a resident, may file a motion against the provider of utilities to halt termination of pre-existing utility services.  The services may not be terminated if the court makes an affirmative finding after hearing the motion that termination poses a threat to public health, safety, or welfare of the residents.(d)  This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 13, 14, eff. Sept. 1, 1999.|
TX Loc Govt Code § 232.038 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.038. Suit by Private Person in Economically Distressed Area

Sec. 232.038.  SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA.  (a)  Except as provided by Subsection (b), a person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by Section 17.921, Water Code, from a subdivider, may bring suit in the district court in which the property is located or in a district court in Travis County to:(1)  declare the sale of the property void, require the subdivider to return the purchase price of the property, and recover from the subdivider:(A)  the market value of any permanent improvements the person placed on the property;(B)  actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities;(C)  court costs; and(D)  reasonable attorney's fees; or(2)  enjoin a violation or threatened violation of Section 232.032, require the subdivider to plat or replat under Section 232.040, and recover from the subdivider:(A)  actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities;(B)  court costs; and(C)  reasonable attorney's fees.(b)  If the lot is located in a county defined under Section 232.022(a)(2), a person may only bring suit under Subsection (a) if the person purchased or is purchasing the lot after September 1, 2005.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 7, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1380 (S.B. 781), Sec. 1, eff. June 15, 2007.|
TX Loc Govt Code § 232.039 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter B. Subdivision Platting Requirements in County Near International Border|Section 232.039. Cancellation of Subdivision

Sec. 232.039.  CANCELLATION OF SUBDIVISION.  (a)  A subdivider of land may apply to the commissioners court to cancel all or part of the subdivision in the manner provided by Section 232.008 after notice and hearing as provided by this section.(b)  A resident of a subdivision for which the subdivider has applied for cancellation under Subsection (a) has the same rights as a purchaser of land under Section 232.008.(c)  The notice required by Section 232.008(c) must also be published in Spanish in the newspaper of highest circulation and in a Spanish-language newspaper in the county if available.(d)  Not later than the 14th day before the date of the hearing, the county chief appraiser shall by regular and certified mail provide notice containing the information described by Section 232.008(c) to:(1)  each person who pays property taxes in the subdivision, as determined by the most recent tax roll;  and(2)  each person with an interest in the property.(e)  The commissioners court may require a subdivider to provide the court with the name and last known address of each person with an interest in the property.  For purposes of this subsection, a person residing on a lot purchased through an executory contract has an interest in the property.(f)  A person who fails to provide information requested under Subsection (e) before the 31st day after the date the request is made is liable to the state for a penalty of $500 for each week the person fails to provide the information.(g)  The commissioners court may cancel a subdivision only after a public hearing.  At the hearing, the commissioners court shall permit any interested person to be heard.  At the conclusion of the hearing, the commissioners court shall adopt an order on whether to cancel the subdivision.|Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 16, eff. Sept. 1, 1999.|