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 A. Subdivision Platting Requirements in General › Section 232.0026. Approval Procedure: Conditional Approval or Disapproval Requirements

Sec. 232.0026.  APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS.  (a)  A commissioners court or county authority responsible for approving plats that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.
(b)  Each condition or reason specified in the written statement:
(1)  must:
(A)  be directly related to the requirements of this subchapter; and
(B)  include a citation to the law, including a statute or order, that is the basis for the conditional approval or disapproval, if applicable; and
(2)  may not be arbitrary.
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 11, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 5, 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 A. Subdivision Platting Requirements in General › Section 232.0027. Approval Procedure: Applicant Response to Conditional Approval or Disapproval

Sec. 232.0027.  APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL.  After the conditional approval or disapproval of a plat application under Section 232.0026, the applicant may submit to the commissioners court or county authority responsible for approving plats that conditionally approved or disapproved the application a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided.  The commissioners court or county authority may not establish a deadline for an applicant to submit the response.
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 11, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 6, 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 A. Subdivision Platting Requirements in General › Section 232.0028. Approval Procedure: Approval or Disapproval of Response

Sec. 232.0028.  APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE.  (a)  A commissioners court or county authority responsible for approving plats that receives a response under Section 232.0027 shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved plat application not later than the 15th day after the date the response was submitted under Section 232.0027.
(b)  A commissioners court or county authority responsible for approving plats that conditionally approves or disapproves a plat application following the submission of a response under Section 232.0027:
(1)  must comply with Section 232.0026; and
(2)  may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026.
(c)  A commissioners court or county authority responsible for approving plats that receives a response under Section 232.0027 shall approve a previously conditionally approved or disapproved plat application if the applicant's response adequately addresses each condition for the conditional approval or each reason for the disapproval.
(d)  A previously conditionally approved or disapproved plat application is approved if:
(1)  the applicant filed a response that meets the requirements of Subsection (c); and
(2)  the commissioners court or county authority responsible for approving plats that received the response does not disapprove the application on or before the date required by Subsection (a) and in accordance with Section 232.0026.
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 11, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 6, 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 A. Subdivision Platting Requirements in General › Section 232.00285. Development Plan Review

Sec. 232.00285.  DEVELOPMENT PLAN REVIEW.  (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.
(b)  Unless explicitly authorized by another law of this state, a county may not require a person to submit a development plan during the plat approval process required by this subchapter. If a county is authorized under another law of this state to require approval of a development plan, the county must comply with the approval procedures under this subchapter during the approval process.
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 11, eff. September 1, 2019.
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 A. Subdivision Platting Requirements in General › Section 232.0029. Judicial Review of Disapproval

Sec. 232.0029.  JUDICIAL REVIEW OF DISAPPROVAL.  In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law.  The court may not use a deferential standard.
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 11, eff. September 1, 2019.
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 A. Subdivision Platting Requirements in General › Section 232.003. Subdivision Requirements

Sec. 232.003.  SUBDIVISION REQUIREMENTS.  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 main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet;
(2)  require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet;
(3)  require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet;
(4)  adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road;
(5)  adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices;
(6)  require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing the extent to which water will be made available to the subdivision and, if it will be made available, how and when;
(7)  require that the owner of the tract to be subdivided execute a good and sufficient bond in the manner provided by Section 232.004;
(8)  adopt reasonable specifications that provide for drainage in the subdivision to:
(A)  efficiently manage the flow of stormwater runoff in the subdivision;  and
(B)  coordinate subdivision drainage with the general storm drainage pattern for the area;  and
(9)  require lot and block monumentation to be set by a registered professional surveyor before recordation of the plat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 624, Sec. 3.04, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 129, Sec. 4, 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 A. Subdivision Platting Requirements in General › Section 232.0031. Standard for Roads in Subdivision

Sec. 232.0031.  STANDARD FOR ROADS IN SUBDIVISION.  A county may not impose under Section 232.003 a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads with a similar type and amount of traffic.
Added by Acts 1999, 76th Leg., ch. 129, Sec. 5, 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 A. Subdivision Platting Requirements in General › Section 232.0033. Additional Requirements: Future Transportation Corridors

Sec. 232.0033.  ADDITIONAL REQUIREMENTS: FUTURE TRANSPORTATION CORRIDORS.  (a)  This section applies to each county in the state.  The requirements provided by this section are in addition to the other requirements of this chapter.
(b)  If all or part of a subdivision for which a plat is required under this chapter is located within a future transportation corridor identified in an agreement under Section 201.619, Transportation Code:
(1)  the commissioners court of a county in which the land is located:
(A)  may refuse to approve the plat for recordation unless the plat states that the subdivision is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor; and
(B)  may refuse to approve the plat for recordation if all or part of the subdivision is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor; and
(2)  each purchase contract or lease between the subdivider and a purchaser or lessee of land in the subdivision must contain a conspicuous statement that the land is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor.
(c)  The commissioners court of a county or the court's designee may not refuse to review a plat application or refuse to approve a plat for recordation for failure to identify a corridor, as defined by Section 201.619, Transportation Code, unless the corridor is part of an agreement between the Texas Department of Transportation and the county under that section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1040 (H.B. 1857), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 7, 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 A. Subdivision Platting Requirements in General › Section 232.0034. Additional Requirements: Access by Emergency Vehicles

Sec. 232.0034.  ADDITIONAL REQUIREMENTS: ACCESS BY EMERGENCY VEHICLES.  (a)  This section applies only to a residential subdivision that is subdivided into 1,000 or more lots in the unincorporated area of a county.
(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.
(c)  This section does not limit the authority of a commissioners court under other existing laws, as applicable, to adopt infrastructure standards that are more stringent than standards required by this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 400 (S.B. 194), 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 A. Subdivision Platting Requirements in General › Section 232.004. Bond Requirements

Sec. 232.004.  BOND REQUIREMENTS.  If the commissioners court requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Section 232.0045.  The bond must:
(1)  be payable to the county judge of the county in which the subdivision will be located or to the judge's successors in office;
(2)  be in an amount determined by the commissioners court to be adequate to ensure proper construction of the roads and streets in and drainage requirements for the subdivision, but not to exceed the estimated cost of construction of the roads, streets, and drainage requirements;
(3)  be executed with sureties as may be approved by the court;
(4)  be executed by a company authorized to do business as a surety in this state if the court requires a surety bond executed by a corporate surety;  and
(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
(B)  within a reasonable time set by the court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(b), eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 129, Sec. 6, 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 A. Subdivision Platting Requirements in General › Section 232.0045. Financial Guarantee in Lieu of Bond

Sec. 232.0045.  FINANCIAL GUARANTEE IN LIEU OF BOND.  (a)  In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee.
(b)  If a letter of credit is used, it must:
(1)  list as the sole beneficiary the county judge of the county in which the subdivision is located; and
(2)  be conditioned that the owner of the tract of land to be subdivided will construct any roads or streets in the subdivision:
(A)  in accordance with the specifications adopted by the commissioners court; and
(B)  within a reasonable time set by the court.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 54(b), eff. Aug. 28, 1989.
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 A. Subdivision Platting Requirements in General › Section 232.0048. Conflict of Interest; Penalty

Sec. 232.0048.  CONFLICT OF INTEREST;  PENALTY.  (a)  In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided.  The term does not mean an individual lot in a subdivided tract of land.
(b)  A person has a substantial interest in a subdivided tract if the person:
(1)  has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more;
(2)  acts as a developer of the tract;
(3)  owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a business entity that:
(A)  has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more;  or
(B)  acts as a developer of the tract;  or
(4)  receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year.
(c)  A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to another person who, under Subsection (b), has a substantial interest in the tract.
(d)  If a member of the commissioners court of a county has a substantial 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 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 without the vote of the member who violated this section.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.04, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 39, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 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 A. Subdivision Platting Requirements in General › Section 232.005. Enforcement in General; Penalty

Sec. 232.005.  ENFORCEMENT IN GENERAL;  PENALTY.  (a)  At the request of the commissioners court, the county attorney or other prosecuting attorney for the county may file an action in a court of competent jurisdiction to:
(1)  enjoin the violation or threatened violation of a requirement established by, or adopted by the commissioners court under a preceding section of this chapter;  or
(2)  recover damages in an amount adequate for the county to undertake any construction or other activity necessary to bring about compliance with a requirement established by, or adopted by the commissioners court under a preceding section of this chapter.
(b)  A person commits an offense if the person knowingly or intentionally violates a requirement established by, or adopted by the commissioners court under a preceding section of this chapter.  An offense under this subsection is a Class B misdemeanor.  This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048.
(c)  A requirement that was established by or adopted under Chapter 436, Acts of the 55th Legislature, Regular Session, 1957 (Article 6626a, Vernon's Texas Civil Statutes), or Chapter 151, Acts of the 52nd Legislature, Regular Session, 1951 (Article 2372k, Vernon's Texas Civil Statutes), before September 1, 1983, and that, after that date, continues to apply to a subdivision of land is enforceable under Subsection (a).  A knowing or intentional violation of the requirement is an offense under Subsection (b).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(c), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 624, Sec. 3.04, eff. Sept. 1, 1989.
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 A. Subdivision Platting Requirements in General › Section 232.006. Exceptions for Populous Counties or Contiguous Counties

Sec. 232.006.  EXCEPTIONS FOR POPULOUS COUNTIES OR CONTIGUOUS COUNTIES.  (a)  This section applies to a county:
(1)  that has a population of more than 3.3 million or is contiguous with a county that has a population of more than 3.3 million;  and
(2)  in which the commissioners court by order elects to operate under this section.
(b)  If a county elects to operate under this section, Section 232.005 does not apply to the county.  The sections of this chapter preceding Section 232.005 do apply to the county in the same manner that they apply to other counties except that:
(1)  they apply only to tracts of land located outside municipalities and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42;
(2)  the commissioners court of the county, instead of having the powers granted by Sections 232.003(2) and (3), may:
(A)  require a right-of-way on a street or road that does not function as a main artery in the subdivision of not less than 40 feet or more than 50 feet;  and
(B)  require that the street cut on a main artery within the right-of-way be not less than 30 feet or more than 45 feet, and that the street cut on any other street or road within the right-of-way be not less than 25 feet or more than 35 feet;  and
(3)  Section 232.004(5)(B) does not apply to the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.06, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 76, eff. Sept. 1, 2001.
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 A. Subdivision Platting Requirements in General › Section 232.0083. Cancellation of Certain Subdivision Plats if Existing Plat Obsolete

Sec. 232.0083.  CANCELLATION OF CERTAIN SUBDIVISION PLATS IF EXISTING PLAT OBSOLETE.  (a)  This section applies only to a subdivision for which:
(1)  a plat has been filed for 75 years or more;
(2)  the most recent plat describes at least a portion of the property as acreage tracts;
(3)  a previous plat described at least a portion of the property as lots and blocks; and
(4)  the county tax assessor-collector lists the property in the subdivision on the tax rolls based on the description in the previous plat and assesses taxes on the basis of that description.
(b)  A person owning real property in the subdivision may apply to the commissioners court of the county in which the property is located for permission to cancel an existing subdivision plat in whole or part and to reestablish the property using lots and blocks descriptions that, to the extent practicable, are consistent with the previous subdivision plat.
(c)  After notice and hearing, the commissioners court may order the cancellation of the existing subdivision plat and the reestablishment of the property in accordance with the application submitted under Subsection (b) if the court finds that:
(1)  the cancellation and reestablishment does not interfere with the established rights of:
(A)  any owner of a part of the subdivision; or
(B)  a utility company with a right to use a public easement in the subdivision; or
(2)  each owner or utility whose rights may be interfered with has agreed to the cancellation and reestablishment.
(d)  The commissioners court shall publish notice of an application for the cancellation and reestablishment.  The notice must be published at least three weeks before the date on which action is taken on the application and must direct any person who is interested in the property and who wishes to protest the proposed cancellation and reestablishment to appear at the time specified in the notice.  The notice must be published in a newspaper that has general circulation in the county.
(e)  If the commissioners court authorizes the cancellation and reestablishment, the court by order shall authorize the person making the application under this section to record an instrument showing the cancellation and reestablishment.  The court shall enter the order in its minutes.
Added by Acts 2007, 80th Leg., R.S., Ch. 460 (H.B. 1100), Sec. 1, eff. June 16, 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 A. Subdivision Platting Requirements in General › Section 232.0095. Alternative Procedures for Plat Revision

Sec. 232.0095.  ALTERNATIVE PROCEDURES FOR PLAT REVISION.  (a)  This section applies only to real property located outside municipalities and outside the extraterritorial jurisdiction, as determined under Chapter 42, of municipalities with a population of 1.5 million or more.
(b)  As an alternative to the provisions in Section 232.009 governing the revision of plats, a county by order may adopt the provisions in Sections 212.013, 212.014, 212.015, and 212.016 governing plat vacations, replatting, and plat amendment.  A county that adopts the provisions in those sections may approve a plat vacation, a replat, and an amending plat in the same manner and under the same conditions, including the notice and hearing requirements, as a municipal authority responsible for approving plats under those sections.
(c)  Instead of the purpose described by Section 212.016(a)(10), an amended plat may be approved and issued by the county to make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
(1)  the changes do not affect applicable county regulations, including zoning regulations if the county has authority to adopt zoning regulations; and
(2)  the changes do not attempt to amend or remove any covenants or restrictions.
Added by Acts 2003, 78th Leg., ch. 523, Sec. 10, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 762 (H.B. 3410), 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 A. Subdivision Platting Requirements in General › Section 232.010. Exception to Plat Requirement: County Determination

Sec. 232.010.  EXCEPTION TO PLAT REQUIREMENT:  COUNTY DETERMINATION.  A commissioners court of the county may allow conveyance of portions of one or more previously platted lots by metes and bounds description without revising the plat.
Added by Acts 1989, 71st Leg., ch. 345, Sec. 7, eff. Aug. 28, 1989.
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 A. Subdivision Platting Requirements in General › Section 232.011. Amending Plat

Sec. 232.011.  AMENDING PLAT.  (a)  The commissioners court may approve and issue an amending plat, if the amending plat is signed by the applicants and filed for one or more of the following purposes:
(1)  to correct an error in a course or distance shown on the preceding plat;
(2)  to add a course or distance that was omitted on the preceding plat;
(3)  to correct an error in a real property description shown on the preceding plat;
(4)  to show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(5)  to correct any other type of scrivener or clerical error or omission of the previously approved plat, including lot numbers, acreage, street names, and identification of adjacent recorded plats; or
(6)  to correct an error in courses and distances of lot lines between two adjacent lots if:
(A)  both lot owners join in the application for amending the plat;
(B)  neither lot is abolished;
(C)  the amendment does not attempt to remove recorded covenants or restrictions; 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.
(b)  The amending plat controls over the preceding plat without the vacation, revision, or cancellation of the preceding plat.
(c)  Notice, a hearing, and the approval of other lot owners are not required for the filing, recording, or approval of an amending plat.
Added by Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 1, 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 232.022. Applicability

Sec. 232.022.  APPLICABILITY.  (a)  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.
(b)  This subchapter applies only to land that is subdivided into two or more lots that are intended primarily for residential use in the jurisdiction of the county.  A lot is presumed to be intended for residential use if the lot is five acres or less.  This subchapter does not apply if the subdivision is incident to the conveyance of the land as a gift between persons related to each other within the third degree by affinity or consanguinity, as determined under Chapter 573, Government Code.
(c)  Except as provided by Subsection (c-1), for purposes of this section, land is considered to be in the jurisdiction of a county if the land is located in the county and outside the corporate limits of municipalities.
(c-1)  Land in a municipality's extraterritorial jurisdiction is not considered to be in the jurisdiction of a county for purposes of this section if the municipality and the county have entered into a written agreement under Section 242.001 that authorizes the municipality to regulate subdivision plats and approve related permits in the municipality's extraterritorial jurisdiction.
(d)  This subchapter does not apply if all of the lots of the subdivision are more than 10 acres.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1997, 75th Leg., ch. 376, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 404, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 737, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 2, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1364 (S.B. 1599), Sec. 2, 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 232.024. Approval by County Required

Sec. 232.024.  APPROVAL BY COUNTY REQUIRED.  (a)  A plat filed under Section 232.023 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)  If any part of a plat applies to land intended for residential housing and any part of that land lies in a floodplain, the commissioners court shall not approve the plat unless:
(1)  the subdivision is developed in compliance with the minimum requirements of the National Flood Insurance Program and local regulations or orders adopted under Section 16.315, Water Code; and
(2)  the plat evidences a restrictive covenant prohibiting the construction of residential housing in any area of the subdivision that is in a floodplain unless the housing is developed in compliance with the minimum requirements of the National Flood Insurance Program and local regulations or orders adopted under Section 16.315, Water Code.
(c)  On request, the county clerk shall provide the attorney general or the Texas Water Development Board:
(1)  a copy of each plat that is approved under this subchapter;  or
(2)  the reasons in writing and any documentation that support a variance granted under Section 232.042.
(d)  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 232.034 relating to conflicts of interest.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1239 (S.B. 2253), Sec. 3, eff. June 19, 2009.
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 232.025. Subdivision Requirements

Sec. 232.025.  SUBDIVISION REQUIREMENTS.  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:
(1)  require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet;
(2)  require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet;
(3)  require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet;
(4)  adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road;
(5)  adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices;
(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
(7)  require that the subdivider of the tract execute a bond in the manner provided by Section 232.027.
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 232.026. 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.
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 232.027. 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.
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 232.030. 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.
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 232.0305. 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.
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 232.031. 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.
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 232.0315. Notice of Water and Wastewater Requirements by Political Subdivisions

Sec. 232.0315.  NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY POLITICAL SUBDIVISIONS.  (a)  This section applies only to a county or other political subdivision located in the 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 or other political subdivision located in the 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 SELLER 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 9 (S.B. 59), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 9 (S.B. 59), Sec. 2, 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 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.