CONFLICT OF INTEREST; PENALTY. 1, eff. (a) On the request of a subdivider who created an unplatted subdivision or a resident purchaser of a lot in the subdivision, the commissioners court of a county may grant: (1) a delay or variance from compliance with the subdivision requirements prescribed by Section 232.023(b)(8) or (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5), or (6); or. The Commissioners Court may amend this Subdivision Rules Regulations Order to make non-substantive changes from (C) the treatment, disposal, and management of solid waste by or under Chapters 361 and 364, Health and Safety Code. (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. (9) require lot and block monumentation to be set by a registered professional surveyor before recordation of the plat. State law giving authority to municipalities to require landowners to keep their property free of weeds, brush and conditions constituting a public nuisance. 624, Sec. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. Sec. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. Sec. June 19, 2009. (b) Except as provided by Subsection (b-1), after the application is filed with the commissioners court, the court shall publish a notice of the application in a newspaper of general circulation in the county. Local Government Code 42.021. Added by Acts 1995, 74th Leg., ch. (d) The subdivider of the tract must acknowledge the plat by signing the plat and attached documents and attest to the veracity and completeness of the matters asserted in the attached documents and in the plat. 404, Sec. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. ADMINISTRATIVE DETERMINATION. Added by Acts 1999, 76th Leg., ch. (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 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2005. 1, eff. September 1, 2007. 1599), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If the receiver rejects all offers, the receiver may subsequently reoffer the same property for sale, reorganize the property and offer the property for sale, or combine all or part of the property with other property and offer the combined property for sale. Added by Acts 2013, 83rd Leg., R.S., Ch. 232.022. WATER AND SEWER SERVICE EXTENSION. Amended by Acts 1999, 76th Leg., ch. TIMELY APPROVAL OF PLATS. (e) Not later than the 14th day after the date of the hearing, if a lot is determined to be abandoned, unoccupied, and undeveloped, the county shall issue an order of its determination. June 14, 2001. June 14, 2013. 153, Sec. 4, eff. Rates will vary and will be posted upon arrival. (c) Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot. Acts 1987, 70th Leg., ch. "THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS. 1, eff. Sec. Aug. 28, 1989. 1, Sec. (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. (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. 11, eff. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. The filed notice under Subsection (a)(3) must contain the name and address of each owner to the extent that that information can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk or in the records of the office of the central appraisal district for the county. 232.104. Sec. SUBCHAPTER F. ABANDONED, UNOCCUPIED, AND UNDEVELOPED. September 1, 2007. SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS IN CERTAIN URBAN COUNTIES. Sept. 1, 1999. (c) The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in: (1) performing groundwater conservation district activities; (3) maintaining the state's groundwater database; or. 5.95(27), eff. 1239 (S.B. Added by Acts 2001, 77th Leg., ch. (a) A sale under this subchapter must be made by: (b) Before a sale may take place under this subchapter, the receiver must publish notice of the proposed sale before the 60th day before the date the sale is to be held and again before the 30th day before the date the sale is to be held. TITLE 7. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. For the purpose of assessing the tract for a preceding year, the county tax assessor-collector shall back assess the tract on an acreage basis. 1010 (H.B. 232.040. 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. 3.04, eff. (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; (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) 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. If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this Web site interferes with your ability to access information, please. FINANCIAL DISCLOSURE. (R) 1.01-(g)(2) . Sept. 1, 1999. Sept. 1, 1999. (2) the plat requirements related to drainage shall be those authorized by Section 232.003(8) rather than those authorized by Section 232.023(b)(8). 2, eff. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 2021 International Energy Conservation Code, IECC. 1, eff. The minutes of the planning commission's proceedings are a public record. 3, eff. 7, eff. 1239, Sec. Sec. 4, eff. The term does not mean an individual lot in a subdivided tract of land. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. Subdivision Plats: establishes the location of lots, common areas, and easements. 232.097. Sept. 1, 1989; Acts 2001, 77th Leg., ch. (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. 149, Sec. (g) A person who appears before the commissioners court to protest the cancellation of all or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of the subdivision. (2) the owner does not lay out a part of the tract described by Section 232.001(a)(3). (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. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. 523, Sec. Rates will vary and will be posted upon arrival. Added by Acts 1999, 76th Leg., ch. June 19, 2009. At the appeal, the developer may present evidence and testimony under procedures adopted by the commissioners court. 232.157. The assistant presiding officer represents the presiding officer during the presiding officer's absence. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. (6) "Lot" means a parcel into which land that is intended for residential use is divided. Amended by Acts 1989, 71st Leg., ch. September 1, 2013. The requirements provided by this section are in addition to the other requirements of this chapter. To build a new structure or any other development . (B) on or before January 1, 2001, owned and occupied the residential dwelling; (2) the utility previously provided the utility service on or before January 1, 2001, to the property for the person requesting the service; (3) the utility service provided as described by Subdivision (2) was terminated not earlier than five years before the date on which the person requesting utility service submits an application for that service; and. (c) The commissioners court must publish notice of a proposal to cancel a subdivision under this section and the time and place of the required hearing in a newspaper of general circulation in the county for at least 21 days immediately before the date a cancellation order is adopted under this section. 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. (k) In this section, "foundation" means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests. (l) A utility may provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements of Subsection (k) and that is satisfactory to the commissioners court. (6) road access to a plat or subdivision in an adjoining county. If the plan is rejected, the written rejection must specify the reasons for the rejection and the actions required for approval of the plan. (2) except for a for-sale sign posted on the property that is no larger than three feet by three feet, must accurately describe the availability of water and sewer service facilities and electric and gas utilities. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. PROVISIONS CUMULATIVE. (f) If the procedures in this section are followed and a sale occurs, the sale price obtained for the property is conclusive as to the fair market value of the property at the time of the sale. (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. The court may not appoint the county, a county official or county employee, or a relative of a county official or county employee within the third degree of consanguinity or affinity as a receiver. Sec. (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. 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. PLAT REQUIRED. Acts 2005, 79th Leg., Ch. For information on obtaining a Marriage License, please contact the Bexar County Clerk's Office at (210) 335-2221 or visit the County Clerk's webpage for marriage information. September 1, 2005. 4, eff. Added by Acts 1995, 74th Leg., ch. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. June 16, 1995. (d) If a tract described by Subsection (c) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply. (i) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. Property plats are not reviewed by the local government authority and do not fulfill the subdivision platting requirement of Local Government Code Chapter 232. (e) On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision, phase, or identifiable part, the commissioners court by order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections (b) and (c). 10 lot subdivision. (a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: (1) a subdivision of the tract, including an addition; (3) streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. 9, eff. (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. Added by Acts 2003, 78th Leg., ch. 1239 (S.B. (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. September 1, 2007. CIVIL ACTION FOR RECEIVERSHIP. However, if the owners of at least 10 percent of the property affected by the proposed cancellation file written objections to the cancellation with the court, the grant of an order of cancellation is at the discretion of the court. How do I obtain a certified copy of a document? (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to an original corner of the original survey of which it is a part; and. Sec. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. 2(b), eff. (c) At the hearing, an owner or lienholder may provide testimony and present evidence to refute any of the five required elements for a determination under Section 232.152. (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. (b) A person owning real property in this state that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court of the county in which the property is located for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. The court may not use a deferential standard. June 16, 1995. 10, eff. 232.045. 149, Sec. Sept. 1, 1999. June 16, 1995. 1510), Sec. (i) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred. 364.15. Sec. FIRE SUPPRESSION SYSTEM. The amount of the fee may be the greater of $30 or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115. CIVIL PENALTIES. (a) If, under any authority expressly authorized by this chapter, a county requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of county infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the county. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. Sec. 3.04, eff. (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. Plat Application is located in the Subdivision Regulations, starting on page 79. (f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. 9, eff. 232.036. Sec. 4, eff. Sec. (2) in an affected county, as defined by Section 16.341, Water Code, that has adopted the model rules developed under Section 16.343, Water Code, and is located along an international border.
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