Sec. Sept. 1, 1999. 54(b), eff. The services may not be terminated if the court makes an affirmative finding after hearing the motion that termination poses a threat to public health or to the health, safety, or welfare of the residents. The subdivider must comply with the requirement before subdividing the tract. JUDICIAL REVIEW OF DISAPPROVAL. (3) provide a certified letter from each utility provider stating that it has the right to serve the area and it will serve the area. 979, Sec. (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. September 1, 2005. (b) A person appointed as a member of the planning commission must be a citizen of the United States and reside in the county. Sec. (d) The planning commission is subject to Chapters 551 and 552, Government Code. The court must order additional notices to an owner or lienholder about the net proceeds as are practicable during the trust period and, on expiration of the trust period, any money remaining in the receivership shall escheat to the state. (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. PUBLIC HEARING. Aug. 28, 1989; Acts 1989, 71st Leg., ch. June 16, 1995. The amount of the fee must be based on the cost of processing the application, including publishing the notices required under Subsection (b) or (b-1). 232.073. Acts 2007, 80th Leg., R.S., Ch. A county need not require platting for every division of land otherwise within the scope of this subchapter. 2, eff. Visit the Jury Services webpage for more information. Acts 2013, 83rd Leg., R.S., Ch. 18.35, eff. Sept. 1, 2001. 781), Sec. REPLATTING. (2) through which the county, to the extent practicable, may apply to the subdivision more current street, road, drainage, and other infrastructure requirements. 1, Sec. 10, eff. (e) The plat must be filed and recorded with the county clerk of the county in which the tract is located. Sec. Sec. 1, eff. 3, eff. (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. (6) a special district or authority created by or under state law that provides any of those services. 4, eff. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. AMENDING PLAT. (c) A commissioners court or designee 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. (C) delivery to the last known address of each owner or lienholder by the United States Postal Service using signature confirmation services; (2) publish notice of the hearing in a newspaper of general circulation in the county on or before the 10th day before the date of the hearing and on the county's Internet website; and. 7, eff. 561, Sec. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. Sec. Acts 2005, 79th Leg., Ch. Sec. Sept. 1, 1999. BOND REQUIREMENTS. (c) The filing of notice under Subsection (a)(3): (1) is binding on subsequent grantees, lienholders, or other transferees of an interest in the platted lot who acquire that interest after the filing of the notice; and. NOTICE OF HEARING. Acts 2005, 79th Leg., Ch. ordinance no. Added by Acts 1995, 74th Leg., ch. (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. The commissioners court or designee may not establish a deadline for an applicant to submit the response. June 16, 1995. Sec. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. REQUIREMENTS PRIOR TO SALE OR LEASE. 232.0775. (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. (h) The provisions of this subchapter shall not apply to a subdivision of any tract of land belonging to the state or any state agency, board, or commission or owned by the permanent school fund or any other dedicated funds of the state unless the subdivision lays out a part of the tract described by Section 232.001(a)(3). 4, eff. 425), Sec. June 15, 2007. A platted subdivision; or (R) 1.01-(g)(1) Property contiguous to and within 300 feet of a platted subdivision. CONCERNING THE PROPERTY AT (street address or legal description and municipality). 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. 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. 232.154. (3) the applicant may apply to a district court in the county where the tract of land is located for a writ of mandamus to compel the commissioners court to issue documents recognizing the plat application's approval. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. (4) evidence that adequate sewer service or facilities have been installed and are fully operable to service the lot or dwelling from an entity described by Section 232.021(14) or the authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366, Health and Safety Code. CONFLICT OF INTEREST; PENALTY. (h) 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. Extent of Extraterritorial Jurisdiction The extraterritorial jurisdiction of a municipality: the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located: A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). 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). (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. (b) If the commissioners court requires a financial disclosure report but has not adopted a financial disclosure reporting system under Subchapter B, Chapter 159, the planning commission member shall file a financial disclosure report in the same manner as required for county officers under Subchapter A, Chapter 159. 1, eff. If there is any change, either by the intentional act of the subdivider or by the forces of nature, including changes in the size or dimension of lots or the direction or condition of the roads, a plat must be revised in accordance with Section 232.041. 3096), Sec. ESTABLISHMENT AND ABOLITION OF PLANNING COMMISSION. The term does not mean an individual lot in a subdivided tract of land. September 1, 2011. 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. SUBDIVISION REQUIREMENTS. (b) The commissioners court may grant a delay of two years if the reason for the delay is to install utilities. 1111 (S.B. 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. (B) the land was developed or improved within the period described by Subsection (b). Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 232.005. (b) A manufactured home rental community is not a subdivision, and Sections 232.001-232.006 do not apply to the community. (3) state the dimensions of the subdivision and of 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. The Commissioners Court may amend this Subdivision Rules Regulations Order to make non-substantive changes from 232.076. (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. Added by Acts 1995, 74th Leg., ch. Added by Acts 1997, 75th Leg., ch. Sec. COUNTY INSPECTOR. Service on the record owners or lienholders constitutes notice to all unrecorded owners or lienholders. September 1, 2005. Sec. Sept. 1, 1997. 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 . This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048. (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. Amended by Acts 1999, 76th Leg., ch. 4, 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. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1995, 74th Leg., ch. 523, Sec. WATER AND SEWER SERVICE EXTENSION. (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. It is an affirmative defense to a determination under Section 232.152 that a lot's ad valorem taxes have been paid in full for each year that the taxing authority issued a tax invoice. All net proceeds from the disposition of a lot by the receiver shall be placed in trust and remain in trust for at least three years, unless claimed before the expiration of the trust period. 430 (S.B. Sec. (d) If a member of the commissioners court has an 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 with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter. 1239, Sec. Funds escheated to the state under this subchapter are subject to disposition or recovery under Subchapters C and D, Chapter 71, Property Code. (c) The statement required by Subsection (b) must be: (B) in 14-point boldface type or 14-point uppercase typewritten letters; and. 232.102. 232.001. Sept. 1, 2001. This subsection applies only to: (1) a municipality that provides utility services; (2) a municipally owned or municipally operated utility that provides utility services; (3) a public utility that provides utility services; (4) a nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides utility services; (5) a county that provides utility services; and. 7, eff. (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. Precinct Finder. (2) abolish a planning commission established under this section. Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. Additionally, the Zoning Commission prepares a final report for the City Council on recommendations for change in zoning district boundaries or regulations in zoning districts. An application submitted to the planning commission that contains the documents and other information on the list is considered complete. (b) The fee may vary based on the number of proposed lots in the subdivision, the acreage described by the plat, the type or extent of proposed street and drainage improvements, or any other reasonable criteria as determined by the commissioners court. 4, eff. BOND REQUIREMENTS. 404, Sec. 232.0085. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of the plat. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. (4) conducting studies for the state related to groundwater. Rates will vary and will be posted upon arrival. June 20, 2003. 4, eff. 22, eff. June 15, 2007. 3.04, eff. The prohibition in this subsection includes the sale of a lot: (1) by a subdivider who regains possession of a lot previously exempt under Subsection (c) through the exercise of a remedy described in Section 5.064, Property Code; or. Sec. (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. 27.001(43), eff. BOND REQUIREMENTS. 10, eff. 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: (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. 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. 1380 (S.B. 232.003. 232.026. Added by Acts 1995, 74th Leg., ch. Sec. 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. "IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. (3) submit a copy of the record to the attorney general. Sec. (4) the number of payments remaining under the contract. CIVIL ACTION FOR RECEIVERSHIP. September 1, 2007. (a) This section applies only to a county defined under Section 232.022(a)(1). Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. (A) a lot, the boundaries of which were established by a plat recorded in the office of the county clerk before September 1, 1989, that has not been subdivided after September 1, 1989; or. Added by Acts 2003, 78th Leg., ch. SERVICES PROVIDED BY SUBDIVIDER. SALE OF PROPERTY. 1, eff. If the planning commission approves the plat, the planning commission, within the 20-day period prescribed by this subsection, shall: (1) refund the greater of the unexpended portion of any plat application fee or deposit or 50 percent of a plat application fee or deposit that has been paid; (2) determine the appropriate amount of any bond or other financial guarantee required in connection with the plat approval; and. 232.0291. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. Sec. 430 (S.B. (B) to which Subchapter B does not apply. Acts 1987, 70th Leg., ch. 232.075. 149, Sec. (4) whether electrical and gas facilities, if available, have been constructed or installed to service the lot or subdivision under Section 232.023. PLAT REQUIRED. Items recorded w/ Bexar County. (e) In the order adopted by the commissioners court under Subsection (c), the county may include additional safeguards against undue loading of cost, collusion, or fraud. (e) The receiver may reject any and all offers. 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. 232.0045. (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. (e) If the commissioners court adopts minimum infrastructure standards for manufactured home rental communities, the owner of land located outside the limits of a municipality who intends to use the land for a manufactured home rental community must have an infrastructure development plan prepared that complies with the minimum infrastructure standards adopted by the commissioners court under Subsection (c). In this subchapter: (1) "Board" means the Texas Water Development Board. Amended by Acts 1999, 76th Leg., ch. (d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b). (2) known, designated, or advertised as a common unit or by a common name. September 1, 2021. June 15, 2007. (c) The contract must establish the limit of participation by the county at a level not to exceed 30 percent of the total contract price. Sec. 232.071. 624, Sec. The commissioners court may refuse to approve a plat if it does not meet the requirements prescribed by or under this chapter or if any bond required under this chapter is not filed with the county. Sept. 1, 1999. 11, eff. Sec. (2) constitutes notice of the proceeding on any subsequent recipient of any interest in the platted lot who acquires that interest after the filing of the notice. 18.36, eff. Acts 2007, 80th Leg., R.S., Ch. 979, Sec. Sec. September 1, 2013. State law governing the powers and duties of utility companies including access to easements and rights-of-way. 376, Sec. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. 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. (C) to which Subdivision (1) does not apply. Plat Required "According to Local Government Code Chapter 232.001, the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to lay out a subdivision of the tract, 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. AMENDING PLAT. RULES. (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. 624, Sec. September 1, 2007. The notice must be published in a newspaper that has general circulation in the county. (a) The commissioners court of a county or a person designated by the commissioners court shall issue a written list of the documentation and other information that must be submitted with a plat application. Sec. A person may apply for one renewal of a delay under this subsection. 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. 2, eff. (a) The owner of a tract of land that divides the tract in any manner that creates at least one lot of five acres or less intended for residential purposes must have a plat of the subdivision prepared. 425), Sec. (a) On the approval of a plat by the commissioners court, the commissioners court shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the commissioners court. Jury duty is located in the basement of the Justice Center (300 Dolorosa Street), across the hall from the cafeteria. (2) in which the commissioners court by order elects to operate under this subchapter. (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. (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. 1857), Sec. (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. State law giving authority to municipalities to require landowners to keep their property free of weeds, brush and conditions constituting a public nuisance. (2) "Business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. - Bexar County Subdivision Regulations. Plats are schematic drawings of a property usually generated by surveyors. It also provides a procedure for notifying the owner of the expected cost. 54(c), eff. 1390 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. 546 (S.B. Aug. 30, 1999. If the subdivider mails the statement to the purchaser, the statement must be postmarked not later than January 31. Added by Acts 1997, 75th 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. (d) The fee is subject to refund under Section 232.0025(i). (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. Sept. 1, 1999. 3.04, eff. Rates will vary and will be posted upon arrival. (b) There is no limitation on the number of terms a member may serve on the commission. (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. 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. (g) After the receiver has improved the platted lot to the degree that the lot is developable and meets all applicable standards, or before petitioning the court for termination of the receivership, the receiver shall file with the court: (1) a summary and accounting of all costs and expenses incurred, which may, at the receiver's discretion, include a receivership fee of up to 15 percent of the costs and expenses incurred, unless the court, for good cause shown, authorizes a different limit; (2) a statement describing the disposition of each lot, including whether the lot was aggregated with other lots; (3) a statement of all revenues collected by the receiver in connection with the use or disposition of the lots; and.
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