Both entrances are ADA accessible. 129, Sec. June 15, 2007. (a) If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the commissioners court of a county by order may require the plat application to have attached to it a statement that: (1) is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and. 3410), Sec. APPROVAL BY COUNTY REQUIRED. 62, Sec. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. (2) read aloud at the sale, in English and Spanish, by an agent of the county. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. Precinct Finder. Sept. 1, 1989. The notice must be published at least three times during the period that begins on the 30th day and ends on the seventh day before the date of the meeting. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. (14) "Utility" means a person, including a legal entity or political subdivision, that provides the services of: (A) an electric utility, as defined by Section 31.002, Utilities Code; (B) a gas utility, as defined by Section 101.003, Utilities Code; and. Added by Acts 1995, 74th Leg., ch. The following are the steps to be undertaken by the applicant and the City of San Antonio and/or Bexar County as part of the traffic impact analysis (TIA) and roughly proportionate determination study. Sec. 1, eff. (a) A commissioners court or designee 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. (f) The commissioners court may adopt rules it considers necessary to administer its duties under this section. (3) file in the property records of the county notice of the hearing that contains: (A) the name and last known address of the owner of the applicable lot; and. 232.0045. 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 impose the requirements of Section 232.029 or 232.0291. Items recorded w/ Bexar County. An offense under this subsection is a Class B misdemeanor. Sept. 1, 1987. 404, Sec. 979, Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2005. 19, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (n) Except as provided by Subsection (o), this section does not prohibit a water or sewer utility from providing water or sewer utility connection or service to a residential dwelling that: (1) is provided water or wastewater facilities under or in conjunction with a federal or state funding program designed to address inadequate water or wastewater facilities in colonias or to residential lots located in a county described by Section 232.022(a)(1); (2) is an existing dwelling identified as an eligible recipient for funding by the funding agency providing adequate water and wastewater facilities or improvements; (3) when connected, will comply with the minimum state standards for both water and sewer facilities and as prescribed by the model subdivision rules adopted under Section 16.343, Water Code; and. 232.092. Sec. (f) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) all of the lots of the subdivision are more than 10 acres in area; and. Aug. 28, 1989. (5) make a reasonable effort to have electric utility service and gas utility service installed by a utility. If a final inspection is required, the final inspection must be completed not later than the second business day after the date the commissioners court or the person designated by the commissioners court receives a written confirmation from the owner that the construction of the infrastructure is complete. Both entrances are ADA accessible. (d) At the hearing, the commissioners court shall permit any interested person to be heard. On a final determination that a platted lot is abandoned, unoccupied, and undeveloped as provided by this subchapter, an owner or lienholder's rights and legal interests are extinguished, subject to the provisions of this subchapter regarding any net proceeds resulting from the disposition of the property, and transferred to the receiver. September 1, 2009. (4) the number of payments remaining under the contract. 979, Sec. (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. (d) A sale conducted in violation of this section is void. 1, eff. SERVICES PROVIDED BY SUBDIVIDER. June 20, 2003. The Military Lighting Overlay District (MLOD) includes regulations regarding outdoor lighting that impacts military operations . (g) A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office. September 1, 2019. 232.107. Added by Acts 2003, 78th Leg., ch. 662), Sec. (d) Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations. (b) A person appointed as a member of the planning commission must be a citizen of the United States and reside in the county. How do I obtain a certified copy of a document? ordinance no. (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. 232.104. 2, eff. (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 notice must be published in English and Spanish in a newspaper of general circulation in the county in which the real property is located. Acts 2011, 82nd Leg., R.S., Ch. 232.004. 2033), Sec. 4, eff. The building line for an existing residence having a side yard of . 16, eff. (d) In a civil action under this subchapter, the record owners and any lienholders of record of the lot shall be served with personal notice of the proceedings as provided by the Texas Rules of Civil Procedure. (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. PLAT APPLICATION FEE. Sept. 1, 1987. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 3167), Sec. (c) A subdivider who fails to provide, in the time and manner described in the plat, for the construction or installation of water or sewer service facilities described on the plat or on the document attached to the plat or who otherwise violates this subchapter or a rule or requirement adopted by the commissioners court under this subchapter is subject to a civil penalty of not less than $500 or more than $1,000 for each violation and for each day of a continuing violation but not to exceed $5,000 each day and shall also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. (e) The statement under Subsection (d) must include the following information: (2) the remaining amount owed under the contract; (3) the annual interest rate charged under the contract during the preceding 12-month period; and. REPLATTING. 1, eff. (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. June 16, 1995. ___ The property is in a recorded subdivision. The term does not mean an individual lot in a subdivided tract of land. (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. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. Amended by Acts 1999, 76th Leg., ch. In addition, the contract may also allow participation by the county at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the county, including but not limited to increased capacity of improvements to anticipate other future development in the area. In order to be timely, payment mailing or common carrier of taxes must be postmarked or receipted on or before the due date of January 31st. Subdivision plats are required any time a property or lot is divided or subdivided into 2 or more parts and must be signed and sealed by a licensed professional engineer and a licensed surveyor, reviewed by the local government entity and approved signed by the reviewing authority (Commissioners Court or Executive Director of Infrastructure Services in Bexar County). (b) Except as provided by Subsections (c) and (k) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Sections 232.028(b)(2) and (3) that adequate water and sewer services have been installed to service the lot or subdivision. (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. NOTICE OF HEARING. 1, eff. 1857), Sec. 425), Sec. Restriction Original Unit # 3 Volume 6647 page 380-386. September 1, 2005. State law governing the powers and duties of utility companies including access to easements and rights-of-way. 11, eff. June 16 1995. 9, eff. (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. 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. (2) if a plat is required for the identified tract, determine whether a plat has been reviewed and approved by the commissioners court. (2) a delay or variance for an individual lot from compliance with the requirements prescribed by the model subdivision rules adopted under Section 16.343, Water Code, for: (A) the distance that a structure must be set back from roads or property lines; or. 149, Sec. OFFICERS, QUORUM, AND MEETINGS. 1, Sec. (c) The appointed receiver is an officer of the court. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 523, Sec. (2) applies only to a decision wholly within the control of the commissioners court or the court's designee. 2, eff. (B) a lot, the boundaries of which were established by a metes and bounds description in a deed of conveyance, a contract of sale, or other executory contract to convey real property that has been legally executed and recorded in the office of the county clerk before September 1, 1989, that has not been subdivided after September 1, 1989. Acts 2015, 84th Leg., R.S., Ch. (c) The commissioners court shall file with the county clerk a certificate of appointment for each commission member. September 1, 2007. FIRE SUPPRESSION SYSTEM. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. 2021 International Fuel Gas Code, IFGC. (a-1) Except as provided by Subsection (c) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court. The county tax assessor-collector shall, not later than the 14th day before the date of the hearing, deposit with the United States Postal Service a similar notice addressed to each owner of land in the subdivision, as determined by the most recent county tax roll. 10, eff. (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. Texas Transportation Code, Chapter 313. 22, eff. 4, eff. A commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of the subdivision is more than five acres but not more than 10 acres. The authorities under this subchapter are cumulative of and in addition to the authorities granted under this chapter and all other laws to counties to regulate the subdivision of land. 1, eff. 232.109. (i) If the commissioners court or the court's designee fails to approve, approve with conditions, or disapprove a plat application as required by this subchapter: (1) the commissioners court shall refund the greater of the unexpended portion of any application fee or deposit or 50 percent of an application fee or deposit that has been paid; (2) the application is granted by operation of law; and. 5.95(27), eff. You may make your request by E-filing, Mail or in person. Added by Acts 2007, 80th Leg., R.S., Ch. 1364 (S.B. 1100), Sec. (j) 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. June 16, 1995. BOND REQUIREMENTS. Sept. 1, 1999. (1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND. APPROVAL BY COUNTY REQUIRED. 523, Sec. (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. 232.152. The minutes of the planning commission's proceedings are a public record. 232.0095. Aug. 26, 1991; Acts 1995, 74th Leg., ch. Sept. 1, 1987. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. 2096), Sec. (2) provides to the utility a certificate described by Subsection (c). SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. 27.001(43), eff. September 1, 2015. 708 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. SALE OF PROPERTY. 232.0033. (C) the treatment, disposal, and management of solid waste by or under Chapters 361 and 364, Health and Safety Code. 1867), Sec. Sec. 12, eff. 8, eff. Acts 2015, 84th Leg., R.S., Ch. 364.15. Added by Acts 1995, 74th Leg., ch. (b) If a county imposing the plat requirements prescribed by Section 232.023 is not described by Section 232.022(a): (1) the document required by Section 232.023(b)(6) is not required to be in Spanish; and. 12.004, eff. (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. If the commissioners court fails to take action within the 30-day period prescribed by this subsection, the decision of the planning commission is final. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS. June 19, 2009. CONFLICT OF INTEREST; PENALTY. (b) Before a person assumes the duties of a receiver, the person must be sworn to perform the duties faithfully. (d) If delinquent taxes are owed on the subdivided tract for any preceding year, and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. (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. Leon County Commissioners Court for a final resolution. (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. Added by Acts 1995, 74th Leg., ch. (B) the number of single-family, detached dwellings that may be located on a lot. 99, Sec. September 1, 2005. 232.0028. 404, Sec. 3167), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. 232.0048. June 5, 1995. These plats usually accompany a deed as an exhibit or are included with documents that are required for sale of a property. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. 1, eff. The application to request a zoning change can be found in the Agendas & Resources.. This subchapter applies only to a county: (1) authorized to establish a planning commission under Subchapter B or C; and. Acts 2009, 81st Leg., R.S., Ch. The court shall enter the order in its minutes. 1239 (S.B. Acts 2009, 81st Leg., R.S., Ch. A requirement adopted under this subsection must provide for an exemption from the requirement if the subdivider 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. ___ The property has water service that provides potable water. Sec. June 17, 2011. The term does not include roadway facilities. (c) Except as provided by Subsection (c-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. 4, eff. Sec. 376, Sec. (d) The commissioners court shall publish notice of an application for the cancellation and reestablishment. 404, Sec. BOND REQUIREMENTS. Sec. 979, Sec. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. (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. 1599), Sec. (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. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1, eff. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. (2) after the effective date of this subchapter. (2) make reasonable efforts to notify each owner and lienholder of the lot of the time and place of the hearing as provided by Section 232.154. This subsection does not prohibit a provider of utilities from terminating services under other law to a resident who has failed to timely pay for services. REVISION OF PLAT. 345, Sec. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 8, eff. 91 (S.B. 8, eff. At the hearing, the commissioners court shall permit any interested person to be heard. A person may not meet the requirements of this subsection through the use of a letter of credit unless that letter of credit is irrevocable and issued by an institution guaranteed by the Federal Deposit Insurance Corporation. (a) By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt rules governing plats and subdivisions of land within the unincorporated area of the county to promote the health, safety, morals, or general welfare of the county and the safe, orderly, and healthful development of the unincorporated area of the county. ___ No person has a lien filed against the property. 2, eff. (c) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Section 232.028(b)(2) that adequate water and sewer services have been installed to service the subdivision. 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. 624, Sec. (a) This section applies only to a county that sells: (1) under Section 34.01, Tax Code, real property presumed to be for residential use under Section 232.022; or. 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. Aug. 28, 1989. 18.35, eff. 3, eff. 149, Sec. Added by Acts 2007, 80th 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. (c) An application is considered complete on the date all documentation and other information required by Subsection (a) is received by the planning commission. (p) 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. June 20, 2003. Added by Acts 1995, 74th Leg., ch. 1867), Sec. 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. 18, eff. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 3, eff. (b) Except as provided by Subsection (c), a lot in a subdivision may not be sold if the lot lacks water and sewer services as required by this subchapter unless the lot is platted or replatted as required by this subchapter. Aug. 28, 1989; Acts 1999, 76th Leg., ch. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. June 16, 1995. Sec. June 20, 2003. Acts 2013, 83rd Leg., R.S., Ch. APPROVAL PROCEDURE: APPLICABILITY. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE. EXCEPTION TO PLAT REQUIREMENT: COUNTY DETERMINATION. (a) This section applies only to a municipality located wholly or partly in a county: (1) with a population of 750,000 or more; (2) in which all or part of a municipality with a population of one million or more is located; and (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. Sec. Amended by Acts 1999, 76th Leg., ch. 1, eff. September 1, 2011. Sec. 161 (S.B. (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. (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. Phone: : 210-335-2113. Acts 1987, 70th Leg., ch. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. The person must also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit. 951 (H.B. (d) A utility may provide utility service to subdivided land described by Subsection (c)(1), (2), or (3) only if the person requesting service: (1) is not the land's subdivider or the subdivider's agent; and. Added by Acts 1995, 74th Leg., ch. June 10, 2019. 1, eff. CONFLICT OF INTEREST; PENALTY.
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