Acts 1987, 70th Leg., ch. The commissioners court may adopt an order canceling a subdivision if the court determines the cancellation is in the best interest of the public. June 16, 1995. 3.06, eff. (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. Sec. Sec. 232.0031 by Acts 2001, 77th Leg., ch. 4, eff. (R) 1.01-(g)(2) . Sept. 1, 1999. 18.35, eff. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). (c) A regulation or standard adopted by a county under this section must be no less stringent than the minimum standards and other requirements under the model rules for safe and sanitary water supply and sewer services adopted under Section 16.343, Water Code, and any other minimum public safety standards that would otherwise be applicable to the subdivision. Sec. 2, eff. Members are appointed for staggered terms of two years. 232.096. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. 6, eff. 460 (H.B. June 16, 1995. (b) A subdivider who owns a subdivision commits an offense if the subdivider knowingly fails to timely provide for the construction or installation of water or sewer service as required by Section 232.032 or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. 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. 232.003. (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. (e) A person requesting service may obtain a certificate under Subsection (c)(1), (2), or (3) only if the person is the owner or purchaser of the subdivided land and provides to the commissioners court documentation containing: (1) a copy of the means of conveyance or other documents that show that the land was sold or conveyed by a subdivider before September 1, 1995, or before September 1, 1999, as applicable under Subsection (c); (2) a notarized affidavit by that person requesting service under Subsection (c)(1) that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 2003, and the request for utility connection or service is to connect or serve a residence described by Subsection (c)(1)(C); (3) a notarized affidavit by the person requesting service that states that the subdivided land has not been further subdivided after September 1, 1995, or September 1, 1999, as applicable under Subsection (c); and. (c) Notice, a hearing, and the approval of other lot owners are not required for the filing, recording, or approval of an amending plat. 149, Sec. Sec. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 2003. (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. 4, eff. (a) Unless inconsistent with this chapter or other law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver. (2) may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026. SUBDIVISION REQUIREMENTS. June 16, 1995. The authority of a county under this chapter relating to the regulation of plats or subdivisions in the extraterritorial jurisdiction of a municipality is subject to any applicable limitation prescribed by an agreement under Section 242.001 or by Section 242.002. Sec. . (B) to which Subchapter B does not apply. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL.". 523, Sec. Sec. 232.158. 9, eff. (k) 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: (2) all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract. (2) publish a notice in a newspaper of general circulation in the county in which the lot is located stating that: (A) the commissioners court has adopted an order under this subchapter; and. ___ The property has water service that provides potable water. 979, Sec. (B) the number of single-family, detached dwellings that may be located on a lot. Sept. 1, 1999. September 1, 2007. (a) The commissioners court for each county shall adopt and enforce the model rules developed under Section 16.343, Water Code. COUNTY REGULATION OF SUBDIVISIONS. Sept. 1, 1997. (b) Unless otherwise authorized by state law, a commissioners court shall not regulate under this section: (1) the use of any building or property for business, industrial, residential, or other purposes; (2) the bulk, height, or number of buildings constructed on a particular tract of land; (3) the size of a building that can be constructed on a particular tract of land, including without limitation and restriction on the ratio of building floor space to the land square footage; (4) the number of residential units that can be built per acre of land; (5) a plat or subdivision in an adjoining county; or. (a) The commissioners court may appoint a planning commission consisting of five members. 129, Sec. (c) An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether 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) if the utility is provided with a certificate issued by the commissioners court that states that: (A) was sold or conveyed by a subdivider by any means of conveyance, including a contract for deed or executory contract: (ii) before September 1, 1999, if the subdivided land on August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by Chapter 42; (B) has not been subdivided after September 1, 1995, or September 1, 1999, as applicable under Paragraph (A); (C) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before May 1, 2003; and. Plats are schematic drawings of a property usually generated by surveyors. ESTABLISHMENT AND ABOLITION OF PLANNING COMMISSION. COUNTY INSPECTOR. (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. (c) The commissioners court shall file with the county clerk a certificate of appointment for each commission member. 23, eff. Sec. 129, Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. Amended by Acts 1999, 76th Leg., ch. June 20, 2003. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 June 16, 1995; Acts 1999, 76th Leg., ch. September 1, 2005. (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. 3410), Sec. Sec. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. EXCEPTION TO PLAT REQUIREMENT: COUNTY DETERMINATION. BUYERS ASSUME ALL RISKS. Added by Acts 1989, 71st Leg., ch. View persons arrested in the past 24 hours at the Magistrates Office Search Website. 232.033. 232.092. 232.0027. (h) Regardless of the date land is subdivided or a plat is filed for a subdivision, the commissioners court may deny a cancellation under this section if the commissioners court determines the cancellation will prevent the proposed interconnection of infrastructure to pending or existing development as defined by Section 232.0085. (d) The fee is subject to refund under Section 232.0025(i). Added by Acts 1995, 74th Leg., ch. (b) On its own motion or on the written request of a subdivider, an owner or resident of a lot in a subdivision, or an entity that provides a utility service, the commissioners court shall: (1) determine whether a plat is required under this subchapter for an identified tract of land that is located within the jurisdiction of the county; and. (b) Before a person assumes the duties of a receiver, the person must be sworn to perform the duties faithfully. (d) An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether 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) if the utility is provided with a certificate issued by the commissioners court that states that: (A) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract before September 1, 2005; (B) is located in a subdivision in which the utility has previously provided service; and, (C) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before September 1, 2005; or. Sec. Subdivision Plats: establishes the location of lots, common areas, and easements. To find your precinct and who represents you, please use the Who Represents Me? (b) A resident of a subdivision for which the subdivider has applied for cancellation under Subsection (a) has the same rights as a purchaser of land under Section 232.008. 3.05, eff. Sept. 1, 1997. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001. (c) In addition to the notice required by Subsection (b), to maximize the price at which the property is sold and the number of bidders, the receiver shall exercise best efforts to provide notice of the proposed sale to those persons who may have the business expertise, financial capability, and interest in developing the property, including local, state, and national trade associations whose members are development, real estate, or financial professionals. 232.080. Sec. 1, eff. To obtain an initial delay under this subsection, a subdivider must: (1) identify the affected utility providers; (2) provide the terms and conditions on which service may be provided; and. 232.074. (c) Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot. The minimum standards may include only: (1) reasonable specifications to provide adequate drainage in accordance with standard engineering practices, including specifying necessary drainage culverts and identifying areas included in the 100-year flood plain; (2) reasonable specifications for providing an adequate public or community water supply, including specifying the location of supply lines, in accordance with Subchapter C, Chapter 341, Health and Safety Code; (3) reasonable requirements for providing access to sanitary sewer lines, including specifying the location of sanitary sewer lines, or providing adequate on-site sewage facilities in accordance with Chapter 366, Health and Safety Code; (4) a requirement for the preparation of a survey identifying the proposed manufactured home rental community boundaries and any significant features of the community, including the proposed location of manufactured home rental community spaces, utility easements, and dedications of rights-of-way; and. (b) If a person submits an incomplete plat application to the planning commission, the planning commission or its designee shall, not later than the 15th business day after the date the planning commission or its designee receives the application, notify the applicant of the missing documents or other information. (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. 4, eff. September 1, 2007. Sept. 1, 1987. A map or drawing of a proposed subdivision m(:eting the requirements of 3 .23 .1. 927 (H.B. Added by Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. Added by Acts 1995, 74th Leg., ch. (i) 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) the owner of the land is a political subdivision of the state; (2) the land is situated in a floodplain; and. 1, eff. 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. . (d) The planning commission is subject to Chapters 551 and 552, Government Code. Rates will vary and will be posted upon arrival. REQUIREMENTS PRIOR TO SALE OR LEASE. (b) The county does not have an ownership interest in any lot that is administratively determined to be abandoned, unoccupied, and undeveloped or that is placed in a receivership under this subchapter, except for any existing or future legal interest established by other law. 232.001. (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. 3, eff. The affidavit must be filed with the county clerk. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Sept. 1, 1987. 684, Sec. If the commissioners court imposes the plat requirements prescribed by Section 232.023, any rules adopted under Section 232.101 must be consistent with those requirements. Amended by Acts 1999, 76th Leg., ch. 2, eff. (a) The attorney general, or the district attorney, criminal district attorney, or county attorney, may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to: (1) enjoin the violation or threatened violation of applicable model rules adopted under Section 16.343, Water Code; (4) require platting as required by this subchapter. (a) Without complying with the competitive sealed bidding procedure of Chapter 262, a commissioners court may make a contract with a developer of a subdivision or land in the unincorporated area of the county to construct public improvements, not including a building, related to the development. (12) include certification that the subdivider has complied with the requirements of Section 232.032 and that: (A) the water quality and connections to the lots meet, or will meet, the minimum state standards; (B) sewer connections to the lots or septic tanks meet, or will meet, the minimum requirements of state standards; (C) electrical connections provided to the lot meet, or will meet, the minimum state standards; and. 1420, Sec. June 16, 2007. Sec. Added by Acts 1995, 74th Leg., ch. JUDICIAL REVIEW OF DISAPPROVAL. 1093), Sec. An offense under this subsection is a Class A misdemeanor. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. (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. PLAT REQUIRED. (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. The process by which a subdivision plat is reviewed, approved and ultimately recorded is called 'platting'. (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. September 1, 2007. (a) This section applies only to a tract of land for which a plat is required under this subchapter. (a) This section applies only to a county defined under Section 232.022(a)(1). Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. requirements of that Act; and WHEREAS, the Commissioners Court of Bexar County, Texas finds that junked vehicles are . September 1, 2005. Sec. There is an $81 filing fee due to the County Clerk's office at the time the plat is submitted to Commissioners Court for Consideration.
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