reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 232.040. Replatting

Sec. 232.040.  REPLATTING.  (a)  A subdivision plat must accurately reflect the subdivision as it develops.  If there is any change, either by the intentional act of the subdivider or by the forces of nature, including changes in the size or dimension of lots or the direction or condition of the roads, a plat must be revised in accordance with Section 232.041.
(b)  Except as provided by Subsection (c), a lot in a subdivision may not be sold if the lot lacks water and sewer services as required by this subchapter unless the lot is platted or replatted as required by this subchapter. A subdivider or agent of a subdivider may not transfer a lot through an executory contract or other similar conveyance to evade the requirements of this subchapter.  The prohibition in this subsection includes the sale of a lot:
(1)  by a subdivider who regains possession of a lot previously exempt under Subsection (c) through the exercise of a remedy described in Section 5.064, Property Code; or
(2)  for which it is shown at a proceeding brought in the district court in which the property is located that the sale of a lot otherwise exempt under Subsection (c) was made for the purpose of evading the requirements of this subchapter.
(c)  Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot.
(d)  The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b).
(e)  Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 17, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 8, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 12.004, eff. September 1, 2013.
2023 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 232.042. Variances From Replatting Requirements

Sec. 232.042.  VARIANCES FROM REPLATTING REQUIREMENTS.  (a)  On request of a subdivider or resident purchaser, the commissioners court may grant a delay or a variance from compliance with Section 232.040 as provided by this section.
(b)  The commissioners court may grant a delay of two years if the reason for the delay is to install utilities.  A person may apply for one renewal of a delay under this subsection.  To obtain an initial delay under this subsection, a subdivider must:
(1)  identify the affected utility providers;
(2)  provide the terms and conditions on which service may be provided;  and
(3)  provide a certified letter from each utility provider stating that it has the right to serve the area and it will serve the area.
(c)  The commissioners court may grant a delay or a variance for a reason other than a reason described by Subsection (b) if it is shown that compliance would be impractical or would be contrary to the health and safety of residents of the subdivision.  The commissioners court must issue written findings stating the reasons why compliance is impractical.
(d)  A delay or a variance granted by the commissioners court is valid only if the commissioners court notifies the attorney general of the delay or variance and the reasons for the delay or variance not later than the 30th day after the date the commissioners court grants the delay or variance.
(e)  Until approved water and sewer services are made available to the subdivision, the subdivider of land for which a delay is granted under this section must provide at no cost to residents:
(1)  25 gallons of potable water a day for each resident and a suitable container for storing the water;  and
(2)  suitable temporary sanitary wastewater disposal facilities.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 18, eff. Sept. 1, 1999.
2023 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 232.044. Amending Plat

Sec. 232.044.  AMENDING PLAT.  The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011.
Added by Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 2, eff. September 1, 2007.
2023 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 232.045. Applicability of Infrastructure Requirements to Lots Undeveloped for 25 Years or More

Sec. 232.045.  APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE.  (a)  This section applies only to a county that is adjacent to an international border and contains a municipality with a population of 500,000 or more.
(b)  A commissioners court by order may implement a process:
(1)  applicable to a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied on or after the 25th anniversary of the date the plat for the subdivision was recorded with the county; and
(2)  through which the county, to the extent practicable, may apply to the subdivision more current street, road, drainage, and other infrastructure requirements.
(c)  A regulation or standard adopted by a county under this section must be no less stringent than the minimum standards and other requirements under the model rules for safe and sanitary water supply and sewer services adopted under Section 16.343, Water Code, and any other minimum public safety standards that would otherwise be applicable to the subdivision.
(d)  A regulation or standard adopted by a county under this section applies only to a lot that is owned by an individual, firm, corporation, or other legal entity that directly or indirectly offers lots for sale or lease as part of a common promotional plan in the ordinary course of business, and each regulation or standard must expressly state that limitation.  For the purposes of this subsection, "common promotional plan" means a plan or scheme of operation undertaken by a person or a group acting in concert, either personally or through an agent, to offer for sale or lease more than two lots when the land is:
(1)  contiguous or part of the same area of land; or
(2)  known, designated, or advertised as a common unit or by a common name.
Added by Acts 2019, 86th Leg., R.S., Ch. 346 (S.B. 1402), Sec. 1, eff. January 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 146, eff. September 1, 2023.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.071. Applicability

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 Subchapter B does not apply.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 21, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 14, eff. September 1, 2005.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.072. Plat Required

Sec. 232.072.  PLAT REQUIRED.  (a)  The owner of a tract of land that divides the tract in any manner that creates at least one lot of five acres or less intended for residential purposes must have a plat of the subdivision prepared.  A commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of the subdivision is more than five acres but not more than 10 acres.
(a-1)  A subdivision of a tract under this section includes a subdivision of real property by any method of conveyance, including a contract for deed, oral contract, contract of sale, or other type of executory contract, regardless of whether the subdivision is made by using a metes and bounds description.
(b)  A plat required under this section must:
(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
(2)  have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities described by the plat or the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code.
(c)  A plat required under this section must be filed and recorded with the county clerk of the county in which the tract is located.  The plat is subject to the filing and recording provisions of Section 12.002, Property Code.
(d)  The commissioners court may require a plat application submitted for approval to include a digital map that is compatible with other mapping systems used by the county and that georeferences the subdivision plat and related public infrastructure using the Texas Coordinate Systems adopted under Section 21.071, Natural Resources Code.  A digital map required under this subsection may be required only in a format widely used by common geographic information system software.  A requirement adopted under this subsection must provide for an exemption from the requirement if the owner of the tract submits with the plat application an acknowledged statement indicating that the digital mapping technology necessary to submit a map that complies with this subsection was not reasonably accessible.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1364 (S.B. 1599), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 550 (H.B. 2033), Sec. 3, eff. September 1, 2015.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.073. Approval by County Required

Sec. 232.073.  APPROVAL BY COUNTY REQUIRED.  (a)  A plat filed under Section 232.072 is not valid unless the commissioners court of the county in which the land is located approves the plat by an order entered in the minutes of the court.  The commissioners court shall refuse to approve a plat if it does not meet the requirements prescribed by or under this subchapter or if any bond required under this subchapter is not filed with the county clerk.
(b)  The commissioners court of the county in which the land is located may establish a planning commission as provided by Subchapter D. The planning commission, including its findings and decisions, is subject to the same provisions applicable to the commissioners court under this subchapter, including Section 232.078 relating to conflicts of interest.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 22, eff. Sept. 1, 1999.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.074. Bond Requirements

Sec. 232.074.  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 232.073, 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 Federal Deposit Insurance Corporation.  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 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.075. Water and Sewer Service Extension

Sec. 232.075.  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.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.076. Certification Regarding Compliance With Plat Requirements

Sec. 232.076.  CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.  (a)  On the approval of a plat by the commissioners court, the commissioners court shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the commissioners court.
(b)  On its own motion or on the written request of a subdivider, an owner or resident of a lot in a subdivision, or an entity that provides a utility service, the commissioners court shall:
(1)  determine whether a plat is required under this subchapter for an identified tract of land that is located within the jurisdiction of the county;  and
(2)  if a plat is required for the identified tract, determine whether a plat has been reviewed and approved by the commissioners court.
(c)  The request made under Subsection (b) must adequately identify the land that is the subject of the request.
(d)  Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations.
(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.
(f)  The commissioners court may adopt rules it considers necessary to administer its duties under this section.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.077. Connection of Utilities in Certain Counties

Sec. 232.077.  CONNECTION OF UTILITIES IN CERTAIN COUNTIES.  (a)  This section applies only to a tract of land for which a plat is required under this subchapter.
(b)  An entity described by Subsection (c) may not serve or connect any land with water, sewer, electricity, gas, or other utility service unless the entity has been presented with or otherwise holds a certificate applicable to the land issued under Section 232.076 stating that a plat has been reviewed and approved for the land.
(c)  The prohibition established by Subsection (b) applies only to:
(1)  a municipality, and officials of the municipality, that provides water, sewer, electricity, gas, or other utility service;
(2)  a municipally owned or municipally operated utility that provides any of those services;
(3)  a public utility that provides any of those services;
(4)  a water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides any of those services;
(5)  a county that provides any of those services;  and
(6)  a special district or authority created by or under state law that provides any of those services.
(d)  The prohibition established by Subsection (b) applies only to land that an entity described by Subsection (c) first serves or first connects with services:
(1)  between September 1, 1989, and June 16, 1995;  or
(2)  after the effective date of this subchapter.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.36, eff. Sept. 1, 1999.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.0775. County Inspector

Sec. 232.0775.  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. 23, eff. Sept. 1, 1999.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.078. Conflict of Interest; Penalty

Sec. 232.078.  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 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.079. Civil Penalties

Sec. 232.079.  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)  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.
(c)  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 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.080. Enforcement

Sec. 232.080.  ENFORCEMENT.  (a)  The attorney general, or the district attorney, criminal district attorney, or county attorney, 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 applicable 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 as required by this subchapter.
(b)  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 preexisting 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 or to the health, safety, or welfare of the residents.  This subsection does not prohibit a provider of utilities from terminating services under other law to a resident who has failed to timely pay for services.
(c)  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 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 24, eff. Sept. 1, 1999.
2023 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 C. Subdivision Platting Requirements in Certain Economically Distressed Counties › Section 232.081. Amending Plat

Sec. 232.081.  AMENDING PLAT.  The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011.
Added by Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 3, eff. September 1, 2007.
2023 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 D. County Planning Commission › Section 232.091. Applicability

Sec. 232.091.  APPLICABILITY.  This subchapter applies only to a county:
(1)  authorized to establish a planning commission under Subchapter B or C;  and
(2)  in which the commissioners court by order elects to operate under this subchapter.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
2023 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 D. County Planning Commission › Section 232.092. Establishment and Abolition of Planning Commission

Sec. 232.092.  ESTABLISHMENT AND ABOLITION OF PLANNING COMMISSION.  (a)  To promote the general public welfare, the commissioners court of a county by order may:
(1)  establish a planning commission under this section;  and
(2)  abolish a planning commission established under this section.
(b)  The commissioners court may authorize the planning commission to act on behalf of the commissioners court in matters relating to:
(1)  the duties and authority of the commissioners court under Subchapter A, B, or C;  and
(2)  land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law.
(c)  If the commissioners court establishes a planning commission, the commissioners court by order shall adopt reasonable rules and procedures necessary to administer this subchapter.
(d)  This subchapter does not grant a commissioners court or a planning commission the power to regulate the use of property for which a permit has been issued to engage in a federally licensed activity.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
2023 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 D. County Planning Commission › Section 232.093. Appointment of Members of Planning Commission

Sec. 232.093.  APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.  (a)  The commissioners court may appoint a planning commission consisting of five members.  Members are appointed for staggered terms of two years.
(b)  A person appointed as a member of the planning commission must be a citizen of the United States and reside in the county.
(c)  The commissioners court shall file with the county clerk a certificate of appointment for each commission member.
(d)  The commissioners court shall fill any vacancy on the commission.
(e)  Before a planning commission member undertakes the duties of the office, the member must:
(1)  take the official oath;  and
(2)  swear in writing that the member will promote the interest of the county as a whole and not only a private interest or the interest of a special group or location in the county.
(f)  A member of the planning commission serves at the pleasure of the commissioners court and is subject to removal as provided by Chapter 87.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
2023 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 D. County Planning Commission › Section 232.094. Financial Disclosure

Sec. 232.094.  FINANCIAL DISCLOSURE.  (a)  The commissioners court of a county may require each member of the planning commission to file a financial disclosure report in the same manner as required for county officers under Subchapter B, Chapter 159.
(b)  If the commissioners court requires a financial disclosure report but has not adopted a financial disclosure reporting system under Subchapter B, Chapter 159, the planning commission member shall file a financial disclosure report in the same manner as required for county officers under Subchapter A, Chapter 159.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 985 (H.B. 2112), Sec. 1, eff. September 1, 2013.
2023 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 D. County Planning Commission › Section 232.095. Officers, Quorum, and Meetings

Sec. 232.095.  OFFICERS, QUORUM, AND MEETINGS.  (a)  At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer.  The presiding officer presides over the meetings and executes all documentation required on behalf of the planning commission.  The assistant presiding officer represents the presiding officer during the presiding officer's absence.
(b)  There is no limitation on the number of terms a member may serve on the commission.
(c)  Minutes of the planning commission's proceedings must be filed with the county clerk or other county officer or employee designated by the commissioners court.  The minutes of the planning commission's proceedings are a public record.
(d)  The planning commission is subject to Chapters 551 and 552, Government Code.
(e)  The planning commission may adopt rules necessary to administer this subchapter.  Rules adopted under this subsection are subject to approval by the commissioners court.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
2023 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 D. County Planning Commission › Section 232.097. Reasons for Disapproval of Plat Required

Sec. 232.097.  REASONS FOR DISAPPROVAL OF PLAT REQUIRED.  If the planning commission refuses to approve a plat, the planning commission shall provide to the person requesting approval a notice specifying the reason for the disapproval.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 25, eff. Sept. 1, 1999.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.101. Rules

Sec. 232.101.  RULES.  (a)  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 rules governing plats and subdivisions of land within the unincorporated area of the county to promote the health, safety, morals, or general welfare of the county and the safe, orderly, and healthful development of the unincorporated area of the county.
(b)  Unless otherwise authorized by state law, a commissioners court shall not regulate under this section:
(1)  the use of any building or property for business, industrial, residential, or other purposes;
(2)  the bulk, height, or number of buildings constructed on a particular tract of land;
(3)  the size of a building that can be constructed on a particular tract of land, including without limitation and restriction on the ratio of building floor space to the land square footage;
(4)  the number of residential units that can be built per acre of land;
(5)  a plat or subdivision in an adjoining county; or
(6)  road access to a plat or subdivision in an adjoining county.
(c)  The authority granted under Subsection (a) is subject to the exemptions to plat requirements provided for in Section 232.0015.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 4, eff. September 1, 2007.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.102. Major Thoroughfare Plan

Sec. 232.102.  MAJOR THOROUGHFARE PLAN.  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:
(1)  require a right-of-way on a street or road that functions as a major thoroughfare of a width of not more than 120 feet;  or
(2)  require a right-of-way on a street or road that functions as a major thoroughfare of a width of more than 120 feet, if such requirement is consistent with a transportation plan adopted by the metropolitan planning organization of the region.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.