(e) If the donation of a lot to the receiver is not challenged before the first anniversary of the donation date, the donation is final and not revocable under any other legal proceeding. (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. Sec. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 The requirements provided by this section are in addition to the other requirements of this chapter. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999. (i) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. AMENDING PLAT. 550 (H.B. Both entrances are ADA accessible. VARIANCES FROM REPLATTING REQUIREMENTS. (R) 1.01-(g)(2) . (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. (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. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. The commissioners court may require inspection of the infrastructure during or on completion of its construction. September 1, 2005. (j) The prohibition established by this section does not prohibit an electric or gas utility from providing electric or gas utility connection or service to a lot: (1) sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider before September 1, 2005; (2) located within a subdivision where the utility has previously established service; and. September 1, 2007. Sec. 3167), Sec. 232.0775. (d) Except as provided by Subsection (f), the commissioners court or the court's designee shall approve, approve with conditions, or disapprove a plat application not later than the 30th day after the date the completed application is received by the commissioners court or the court's designee. ADDITIONAL REQUIREMENTS: ACCESS BY EMERGENCY VEHICLES. 5.95(27), eff. 232.009. (g) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. September 1, 2013. (b) Each condition or reason specified in the written statement: (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. (g) Construction of a proposed manufactured home rental community may not begin before the date the county engineer or another person designated by the commissioners court approves the infrastructure development plan. Sec. 23, eff. 404, Sec. 404, Sec. 3167), Sec. 404, Sec. 232.0045. June 20, 2003. Amended by Acts 1999, 76th Leg., ch. 781), Sec. (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. 2033), Sec. (2) may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026. 3, eff. September 1, 2013. 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. 232.075. NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY COUNTIES. (a) This section applies only to real property located: (1) outside municipalities and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42; and. Acts 2009, 81st Leg., R.S., Ch. VARIANCES FROM PLATTING REQUIREMENTS. Sept. 1, 1999. (b) There is no limitation on the number of terms a member may serve on the commission. 7, eff. Restrictions. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d). 7, eff. (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. After hearing any testimony and reviewing the evidence, the commissioners court shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer. 76, Sec. PUBLIC HEARING. 425), Sec. Added by Acts 1995, 74th Leg., ch. Rates will vary and will be posted upon arrival. (b) The commissioners court of a county may cancel, after notice and a hearing as required by this section, a subdivision for which the plat was filed and approved before September 1, 1989, if: (1) the development of or the making of improvements in the subdivision was not begun before the effective date of this section; and. (c) The owner of the tract to be subdivided must pay the fee at the time directed by the county before the county conducts a review of the plat. 1364 (S.B. the lot size shall be determined in accordance with the requirements of the Bexar County Commissioners' Court Order "Regulating and Licensing of Private Sewage Facilities," and shall be approved by . (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. 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. (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. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. 404, Sec. 523, Sec. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. 232.026. (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. 1239 (S.B. (c) The county is not required to return the original papers acted on by it, but it is sufficient for the county to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ. 3167), Sec. (d) A sale conducted in violation of this section is void. (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. (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. 18, eff. Rates will vary and will be posted upon arrival. 624, Sec. At the hearing, the commissioners court shall permit any interested person to be heard. - Bexar County Subdivision Regulations. Added by Acts 1995, 74th Leg., ch. Sec. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE. (f) The planning commission may not compel an applicant to waive the time limits prescribed by this section. Sept. 1, 1987. 232.030. (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. 4, eff. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. 1, Sec. 624, Sec. Added by Acts 2001, 77th Leg., ch. (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). Sept. 1, 1999. The commissioners court may disapprove the plat if the plat fails to comply with state law or rules adopted by the county or the planning commission. (c) The court may appoint as receiver any person with a demonstrated record of knowledge of the problems created by abandoned, unoccupied, and undeveloped platted lots. ___ There are no back taxes owed on the property. (5) the subdivider who created the unplatted subdivision has not violated local law, federal law, or state law, excluding this chapter, in subdividing the land for which the delay or variance is requested, if the subdivider is the person requesting the delay or variance. Sec. Restriction Original Unit # 4 Volume 7063 page 148-153. These are typically rules enforced by a subdivision or homeowners association (HOA). 1390 (S.B. 1, eff. (c) Before an executory contract is signed by the purchaser, the subdivider shall provide the purchaser with a written notice, which must be attached to the executory contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the subdivider and purchaser, be acknowledged, and read substantially similar to the following: IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE TO LIVE ON THE PROPERTY. 229.003. This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048. 1, 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. ___ The property is in a recorded subdivision. 232.004. 232.076. There is also a review cost per regulations due at time of the plat submission. The county's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection. Sept. 1, 1987. CONNECTION OF UTILITIES IN CERTAIN COUNTIES. 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. Added by Acts 1989, 71st Leg., ch. Added by Acts 1999, 76th Leg., ch. June 16, 1995. 9, eff. (g) The commissioners court may impose a fee for filing an application under this section. (d) If the commissioners court grants a delay or variance under this section, the commissioners court shall: (1) make findings specifying the reason compliance with each requirement is impractical or contrary to the health or safety of residents of the subdivision; (2) keep a record of its proceedings and include in the record documentation of the findings and the information submitted under Subsection (b); and. (g) If the planning commission fails to take final action on the completed plat application as required by this section, the applicant may apply to a district court in the county in which the land is located for a mandamus order to compel the planning commission to approve or disapprove the plat. 4, eff. (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. (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. 232.039. These are also often the most frequently enforced. (2) the subdivided land was not subdivided after September 1, 2005, and: (e) A utility may provide utility service to subdivided land described by Subsection (d)(1) only if the person requesting service: (2) provides to the utility a certificate described by Subsection (d)(1). 1, Sec. Due to a change in the statue, participating jurisdictions may elect to turn over their delinquent business property taxes to their delinquent tax attorneys for collection on April 1st of the year the taxes became delinquent, and are also subject to an additional collection penalty of 15 or 20% of the taxes, penalties and interest due. Acts 2009, 81st Leg., R.S., Ch. 425), Sec. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. This subchapter applies to a county that: (1) has a population of more than 800,000; (2) is adjacent to an international border; and. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. 1, eff. 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. (d) This subchapter does not apply if all of the lots of the subdivision are more than 10 acres. (b) On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the county to review the order of the county and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney. Jury duty is located in the basement of the Justice Center (300 Dolorosa Street), across the hall from the cafeteria. (B) a description of the administrative determination proceeding, including notice that the administrative determination may result in the extinguishment of any and all rights and legal interests in the lot. Declaration of Covenants, Conditions, and Restrictions: a list of rights and responsibilities that the homeowners and the property owners' association owe to each other. (c) If no portion of the land subdivided under a plat approved under this section is sold or transferred before January 1 of the 51st year after the year in which the plat was approved, the approval of the plat expires, and the owner must resubmit a plat of the subdivision for approval. (2) an additional 60 days if the county is required under Chapter 2007, Government Code, to perform a takings impact assessment in connection with a plat submitted for approval. Sec. September 1, 2013. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. WATER AND SEWER SERVICE EXTENSION. Added by Acts 1995, 74th Leg., ch. (b) A plat required under this section must: (1) be certified by a surveyor or engineer registered to practice in this state; (2) define the subdivision by metes and bounds; (3) locate the subdivision with respect to an original corner of the original survey of which it is a part; (4) describe each lot, number each lot in progression, and give the dimensions of each lot; (5) state the dimensions of and accurately describe each lot, street, alley, square, park, or other part 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 street, alley, square, park, or other part; (6) include or have attached a document containing a description in English and Spanish of the water and sewer facilities and roadways and easements dedicated for the provision of water and sewer facilities that will be constructed or installed to service the subdivision and a statement specifying the date by which the facilities will be fully operable; (7) have attached a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities proposed under Subdivision (6) are in compliance with the model rules adopted under Section 16.343, Water Code, and a certified estimate of the cost to install water and sewer service facilities; (8) provide for drainage in the subdivision to: (A) avoid concentration of storm drainage water from each lot to adjacent lots; (B) provide positive drainage away from all buildings; and. Subdivision plats are specific types of documents that, when recorded, establish 1 or more new lots, street and drain rights of way, easements, and other lines of delineation (such as right-of-way dedications) on property that is divided into 2 or more parts or on a single lot. (c) Notice, a hearing, and the approval of other lot owners are not required for the filing, recording, or approval of an amending plat. 1867), Sec. 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. The commissioners court may issue a final grant of the delay or variance only if the commissioners court has not received objections from the attorney general before the 91st day after the date the commissioners court submits the record of its proceedings to the attorney general as prescribed by Subsection (d). 129, Sec. Sept. 1, 1987. 927 (H.B. Acts 1987, 70th Leg., ch. (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. District Clerk. 10, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. CANCELLATION OF SUBDIVISION. 523, Sec. 39, eff. MANUFACTURED HOME RENTAL COMMUNITIES. 4, eff. (4) providing the utility service will not result in: (A) an increase in the volume of utility service provided to the property; or. (d) The commissioners court shall fill any vacancy on the commission. 2(b), eff. 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. (h) Except as provided by this subsection, an approval of a plat by the planning commission is final on the 31st day after the date the planning commission votes to approve the plat. (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. 3.04, eff. 515 (S.B. Any liens against the property shall remain against the property as it was previously subdivided. September 1, 2011. 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 establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c). Sections 4001 through 4127). 404, Sec. This map, at the discretion of the county, is to show the improvements to all the . 1, eff. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. The term does not mean an individual lot in a subdivided tract of land. The presiding officer presides over the meetings and executes all documentation required on behalf of the planning commission. (d) The commissioners court may not adopt minimum infrastructure standards that are more stringent than requirements adopted by the commissioners court for subdivisions. (2) the owner of the entire subdivision is able to show that: (A) the owner of the subdivision is able to comply with the minimum state standards and model political subdivision rules developed under Section 16.343, Water Code, including any bonding requirements; or. Sec. In this subchapter: (1) "Board" means the Texas Water Development Board. (h) A person who is a seller of lots in a subdivision, or a subdivider or an agent of a seller or subdivider, commits an offense if the person knowingly authorizes or assists in the publication, advertising, distribution, or circulation of any statement or representation that the person knows is false concerning any subdivided land offered for sale or lease. 232.0033. 546 (S.B. At the conclusion of the hearing, the court shall adopt an order on whether to cancel the subdivision. 1, eff. Sec. 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. Sec. (c) A subdivider may meet the requirements of Subsection (b)(12)(B) through the use of a certificate issued by the appropriate county or state official having jurisdiction over the approval of septic systems stating that lots in the subdivision can be adequately and legally served by septic systems. 232.0021. (a) To determine whether specific divisions of land are required to be platted, a county may define and classify the divisions. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. 232.158. 19, eff. If the subdivider mails the statement to the purchaser, the statement must be postmarked not later than January 31. (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. 708 (S.B. (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. Sec. Sept. 1, 1999. Sec. Amended by Acts 1991, 72nd Leg., ch. All other past due taxes are surrendered for collection on July 1st of the year the taxes became delinquent and are also subject to the additional 15 or 20% collection fee. (m) A utility may not serve or connect subdivided property as described by Subsection (k) if, on or after September 1, 2007, any existing improvements on that property are modified. Sec. (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. The court may not use a deferential standard. 8, eff. (B) known, designated, or advertised as a common unit or by a common name. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. 1, eff. (6) a special district or authority created by state law that provides utility services. Please contact the Brazos County 911 District at (979) 779-0911 for address assistance. 669, Sec. An offense under this subsection is a Class B misdemeanor. 884, Sec. Amended by Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (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. 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. This subchapter applies only to a county: (1) authorized to establish a planning commission under Subchapter B or C; and. (g) This section does not increase or expand, and shall not be interpreted to increase or expand, the authority of a county to regulate plats or subdivisions under this chapter. Sept. 1, 1987. (a) Any owner or lienholder of record of a platted lot aggrieved by an order issued under Section 232.153 may file in a district court in the county in which the property is located a verified petition alleging that the decision is illegal, in whole or in part, and stating with specificity the grounds of the alleged illegality. 211 South Flores StreetSan Antonio, TX 78207Phone: 210-335-2700View Map and Get Directions. (a) After a final determination that a platted lot is abandoned, unoccupied, and undeveloped, the county shall bring a civil action to have the lot placed in a receivership. Renumbered from Sec. (d) Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations under that subsection. 15, eff. 979, Sec. BOND REQUIREMENTS. 708 (S.B. (b) The commissioners court may grant a delay of two years if the reason for the delay is to install utilities. 5, eff. 4, eff. APPLICABILITY. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 3.04, eff. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. Added by Acts 2007, 80th Leg., R.S., Ch. 404, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2253), Sec. Members are appointed for staggered terms of two years. Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 5, eff. (B) more than one utility connection for each single-family residential dwelling located on the property.
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