89R17310 DRS-F     By: Gámez, Lopez of Cameron, Longoria, H.B. No. 3680       Guillen     Substitute the following for H.B. No. 3680:     By:  Gates C.S.H.B. No. 3680       A BILL TO BE ENTITLED   AN ACT   relating to subdivision plat requirements in certain counties;   authorizing a fee; authorizing a civil penalty; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.012(d), Local Government Code, is   amended to read as follows:          (d)  In a county to which Subchapter B or G, Chapter 232,   applies, an entity described by Subsection (b) may serve or connect   land with water, sewer, electricity, gas, or other utility service   that is located in the extraterritorial jurisdiction of a   municipality regardless of whether the entity is presented with or   otherwise holds a certificate applicable to the land issued under   Section 212.0115, if the municipal authority responsible for   approving plats issues a certificate stating that:                (1)  the subdivided land:                      (A)  was sold or conveyed by a subdivider by any   means of conveyance, including a contract for deed or executory   contract, before:                            (i)  September 1, 1995, in a county defined   under Section 232.022(a)(1);                            (ii)  September 1, 1999, in a county defined   under Section 232.022(a)(1) if, on August 31, 1999, the subdivided   land was located in the extraterritorial jurisdiction of a   municipality as determined by Chapter 42; or                            (iii)  September 1, 2005, in a county   defined under Section 232.022(a)(2);                      (B)  has not been subdivided after September 1,   1995, September 1, 1999, or September 1, 2005, 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:                            (i)  May 1, 2003, in a county defined under   Section 232.022(a)(1); or                            (ii)  September 1, 2005, in a county defined   under Section 232.022(a)(2); and                      (D)  has had adequate sewer services installed to   service the lot or dwelling, as determined by an authorized agent   responsible for the licensing or permitting of on-site sewage   facilities under Chapter 366, Health and Safety Code;                (2)  the subdivided land is a lot of record as defined   by Section 232.021(6-a) that is located in a county defined by   Section 232.022(a)(1) and has adequate sewer services installed   that are fully operable to service the lot or dwelling, as   determined by an authorized agent responsible for the licensing or   permitting of on-site sewage facilities under Chapter 366, Health   and Safety Code; or                (3)  the land was not subdivided after September 1,   1995, in a county defined under Section 232.022(a)(1), or September   1, 2005, in a county defined under Section 232.022(a)(2), and:                      (A)  water service is available within 750 feet of   the subdivided land; or                      (B)  water service is available more than 750 feet   from the subdivided land and the extension of water service to the   land may be feasible, subject to a final determination by the water   service provider.          SECTION 2.  Section 232.0015(b), Local Government Code, is   amended to read as follows:          (b)  Except as provided by Section 232.0013, this subchapter   does not apply to a subdivision of land to which Subchapter B or G    applies.          SECTION 3.  Section 232.022, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  Except as provided by Subsection (a-1), this [This]   subchapter applies only to:                (1)  a county any part of which is located within 50   miles of an international border; or                (2)  a county:                      (A)  any part of which is located within 100 miles   of an international border;                      (B)  that contains the majority of the area of a   municipality with a population of more than 250,000; and                      (C)  to which Subdivision (1) does not apply.          (a-1)  This subchapter does not apply to a county to which   Subchapter G applies.          SECTION 4.  Section 232.071, Local Government Code, is   amended to read as follows:          Sec. 232.071.  APPLICABILITY.  This subchapter applies only   to the subdivision of land located:                (1)  outside the corporate limits of a municipality;   and                (2)  in a county:                      (A)  in which is located a political subdivision   that is eligible for and has applied for financial assistance under   Section 15.407, Water Code, or Subchapter K, Chapter 17, Water   Code; and                      (B)  to which Subchapters [Subchapter] B and G do   [does] not apply.          SECTION 5.  Section 232.091, Local Government Code, is   amended to read as follows:          Sec. 232.091.  APPLICABILITY. This subchapter applies only   to a county:                (1)  authorized to establish a planning commission   under Subchapter B, [or] C, or G; and                (2)  in which the commissioners court by order elects   to operate under this subchapter.          SECTION 6.  Chapter 232, Local Government Code, is amended   by adding Subchapter G to read as follows:   SUBCHAPTER G. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN   COUNTIES NEAR INTERNATIONAL BORDER AND GULF OF MEXICO          Sec. 232.201.  DEFINITIONS. In this subchapter:                (1)  "Board" means the Texas Water Development Board.                (2)  "Common promotional plan" means any plan or scheme   of operation undertaken by a single subdivider or a group of   subdividers acting in concert, either personally or through an   agent, to offer for sale or lease lots when the land is:                      (A)  contiguous or part of the same area of land;   or                      (B)  known, designated, or advertised as a common   unit or by a common name.                (3)  "Executive administrator" means the executive   administrator of the Texas Water Development Board.                (4)  "Floodplain" means any area in the 100-year   floodplain that is susceptible to being inundated by water from any   source or that is identified by the Federal Emergency Management   Agency under the National Flood Insurance Act of 1968 (42 U.S.C.   Section 4001 et seq.).                (5)  "Lease" includes an offer to lease.                (6)  "Lot" means a parcel into which land is divided.                (7)  "Lot of record" means:                      (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                      (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.                (8)  "Minimum state standards" means the minimum   standards set out for:                      (A)  adequate drinking water by or under Section   16.343(b)(1), Water Code;                      (B)  adequate sewer facilities by or under Section   16.343(c)(1), Water Code; or                      (C)  the treatment, disposal, and management of   solid waste by or under Chapters 361 and 364, Health and Safety   Code.                (9)  "Plat" means a map, chart, survey, plan, or replat   containing a description of the subdivided land with ties to   permanent landmarks or monuments.                (10)  "Sell" includes an offer to sell.                (11)  "Sewer," "sewer services," or "sewer facilities"   means treatment works as defined by Section 17.001, Water Code, or   individual, on-site, or cluster treatment systems such as septic   tanks and includes drainage facilities and other improvements for   proper functioning of septic tank systems.                (12)  "Subdivide" means to divide the surface area of   land into lots.                (13)  "Subdivider" means an individual, firm,   corporation, or other legal entity that directly or indirectly   subdivides land into lots for sale or lease as part of a common   promotional plan in the ordinary course of business.                (14)  "Subdivision" means an area of land that has been   subdivided into lots for sale or lease.                (15)  "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; or                      (C)  a water and sewer utility, as defined by   Section 13.002, Water Code.          Sec. 232.202.  APPLICABILITY. (a)  This subchapter applies   only to a county that borders:                (1)  the United Mexican States; and                (2)  the Gulf of Mexico.          (b)  This subchapter applies only to land that is subdivided   into two or more lots of which at least one lot is less than five   acres in area. This subchapter does not apply if the subdivision:                (1)  is incident to the conveyance of the land as a gift   between persons related to each other within the third degree by   affinity or consanguinity, as determined under Chapter 573,   Government Code; or                (2)  has received an exemption from a county under   Section 16.350(d), Water Code.          (c)  Except as provided by Subsection (d), for purposes of   this section, land is considered to be in the jurisdiction of a   county if the land is located in the county and outside the   corporate limits of municipalities.          (d)  Land in a municipality's extraterritorial jurisdiction   is not considered to be in the jurisdiction of a county for purposes   of this section if the municipality and the county have entered into   a written agreement under Section 242.001 that authorizes the   municipality to regulate subdivision plats and approve related   permits in the municipality's extraterritorial jurisdiction.          (e)  This subchapter does not apply if all of the lots of the   subdivision are five acres or more in area.          Sec. 232.203.  PLAT REQUIRED. (a)  A subdivider of land must   have a plat of the subdivision prepared if at least one of the lots   of the subdivision is less than five acres.  A commissioners court   may require each subdivider of land to prepare a plat if none of the   lots is less than five acres but at least one of the lots of a   subdivision is more than five acres but not more than 10 acres.          (b)  A subdivision of a tract under this section includes a   subdivision of real property by any method of conveyance, including   a contract for deed, oral contract, contract of sale, or other type   of executory contract, regardless of whether the subdivision is   made by using a metes and bounds description.          (c)  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                      (C)  coordinate individual lot drainage with the   general storm drainage pattern for the area;                (9)  include a description of the drainage requirements   as provided in Subdivision (8);                (10)  identify the topography of the area;                (11)  include a certification by a surveyor or engineer   registered to practice in this state describing any area of the   subdivision that is in a floodplain or stating that no area is in a   floodplain; and                (12)  include certification that the subdivider has   complied with the requirements of Section 232.216 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                      (D)  gas connections, if available, provided to   the lot meet, or will meet, the minimum state standards.          (d)  A subdivider may meet the requirements of Subsection   (c)(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.          (e)  The subdivider of the tract must acknowledge the plat by   signing the plat and attached documents and attest to the veracity   and completeness of the matters asserted in the attached documents   and in the plat.          (f)  The plat must be filed and recorded with the county   clerk of the county in which the tract is located. The plat is   subject to the filing and recording provisions of Section 12.002,   Property Code.          (g)  The commissioners court may require a plat application   submitted for approval to include a digital map that is compatible   with other mapping systems used by the county and that   georeferences the subdivision plat and related public   infrastructure using the Texas Coordinate Systems adopted under   Section 21.071, Natural Resources Code.  A digital map required   under this subsection may be required only in a format widely used   by common geographic information system software.  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.          Sec. 232.204.  EXCEPTIONS TO PLAT REQUIREMENT. (a)  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 lots are sold to adjoining landowners; and                (2)  the lots are added to the adjoining parcel of land   owned by the purchasers.          (b)  The purchaser of a lot described by Subsection (a) shall   provide to the commissioners court a metes and bounds   description of the adjoining parcel of land owned by the purchaser   that has been updated to reflect the addition of the purchased lot   to the adjoining parcel of land.          (c)  A county may, subject to Subsection (d), in its sole   discretion and on a determination that good cause exists, grant an   exception to the plat requirements of this subchapter for an   individual lot that the county determines:                (1)  is located within 50 feet of a connection to a   municipal water service;                (2)  is adjacent to a public road;                (3)  has either:                      (A)  sufficient space to accommodate a sewer   service facility that complies with the model rules adopted under   Section 16.343, Water Code; or                      (B)  a connection to an existing public sewer   service within 50 feet; and                (4)  a civil engineer registered to practice in this   state and not affiliated with the owner of the lot has certified:                      (A)  has adequate drainage; and                      (B)  is not in a floodplain.          (d)  Before granting an exception under Subsection (c), the   commissioners court must make a finding that specifies the reasons   for the court's determination that:                (1)  good cause exists to grant the exception; and                (2)  the lot meets the requirements for the exception   under Subsection (c).          (e)  The commissioners court shall enter in the record of the   court's proceedings:                (1)  the court's findings under Subsection (d); and                (2)  the information submitted to the court to support   the court's determination under Subsection (c).          (f)  The commissioners court may adopt rules and procedures   necessary to administer and enforce this section.          Sec. 232.205.  APPROVAL BY COUNTY REQUIRED. (a) A plat   filed under Section 232.203 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. The commissioners   court shall refuse to approve a plat if it does not meet the   requirements prescribed by or under this subchapter or if any bond   required under this subchapter is not filed with the county clerk.          (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                (2)  the plat evidences a restrictive covenant   prohibiting the construction of residential housing in any area of   the subdivision that is in a floodplain unless the housing 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.          (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                (2)  the reasons in writing and any documentation that   support a variance granted under Section 232.226.          (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   232.218 relating to conflicts of interest.          Sec. 232.206.  DELEGATION OF APPROVAL RESPONSIBILITY. (a)     The commissioners court of a county or the court's designee may   delegate to one or more officers or employees of the county the   ability to approve, approve with conditions, or disapprove a plat   that:                (1)  is amending a plat under Section 232.011; or                (2)  involves four or fewer lots that each meet the   requirements under Section 232.204(c).          (b)  An applicant has the right to appeal to the   commissioners court or the court's designee if the designated   person disapproves a plat.          Sec. 232.207.  SUBDIVISION REQUIREMENTS. 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:                (1)  require a right-of-way on a street or road that   functions as a main artery in a subdivision, of a width of not less   than 50 feet or more than 100 feet;                (2)  require a right-of-way on any other street or road   in a subdivision of not less than 40 feet or more than 70 feet;                (3)  require that the shoulder-to-shoulder width on   collectors or main arteries within the right-of-way be not less   than 32 feet or more than 56 feet, and that the shoulder-to-shoulder   width on any other street or road be not less than 25 feet or more   than 35 feet;                (4)  adopt, based on the amount and kind of travel over   each street or road in a subdivision, reasonable specifications   relating to the construction of each street or road;                (5)  adopt reasonable specifications to provide   adequate drainage for each street or road in a subdivision in   accordance with standard engineering practices;                (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                (7)  require that the subdivider of the tract execute a   bond in the manner provided by Section 232.209.          Sec. 232.208.  WATER AND SEWER SERVICE EXTENSION. (a) The   commissioners court may extend, beyond the date specified on the   plat or on the document attached to the plat, the date by which the   water and sewer service facilities must be fully operable if the   commissioners court finds the extension is reasonable and not   contrary to the public interest.          (b)  The commissioners court may not grant an extension under   Subsection (a) if it would allow an occupied residence to be without   water or sewer services.          (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. The attorney general   shall notify all other state agencies having enforcement power over   subdivisions of the extension.          Sec. 232.209.  BOND REQUIREMENTS. (a) Except as provided by   Subsection (c), 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 232.205, 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. 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 FDIC. The subdivider must comply with the requirement before   subdividing the tract.          (b)  A bond required by this section must, for a bond for   construction of water and sewer service facilities, be conditioned   on the construction or installation of facilities that will be in   compliance with the model rules adopted under Section 16.343, Water   Code.          (c)  The commissioners court may, in its sole discretion,   allow a person to stop maintaining a bond for construction of sewer   service facilities under this section for a lot that does not have   an installed sewer service facility if:                (1)  the person has completed the installation of all   water facilities and roads and streets required by this subchapter;                (2)  the owner of the lot has not resided on the lot for   a period of 60 months after the date of execution of the deed to the   owner;                (3)  the person delivers to the commissioners court an   affidavit as described by Subsection (d) from the owner; and                (4)  the lot has sufficient space to accommodate a   sewage facility that complies with Chapter 366, Health and Safety   Code, and the construction standards for On-Site Sewage Facilities   adopted by the Texas Commission on Environmental Quality and other   law and rules applicable to sewage facilities.          (d)  The affidavit under Subsection (c)(3) must include   language substantially similar to the following:          "I understand that the seller of my lot is obligated to   install an on-site sewage facility on the lot or maintain a bond for   the installation of an on-site sewage facility for a period of 60   months after the date I purchased the lot.  I affirm that I have not   resided on my lot for the previous 60 months.  I understand that I   may not be eligible to receive water or electricity service unless I   install a septic facility on my lot.  I voluntarily assume all   financial responsibility to hire a licensed installer to install an   on-site sewage facility that complies with:                (1)  Subchapter G, Chapter 232, Local Government Code,   regarding subdivision platting requirements;                (2)  the model rules adopted under Section 16.343(c),   Water Code, regarding septic systems;                (3)  Chapter 366, Health and Safety Code; and                (4)  the construction standards for On-Site Sewage   Facilities adopted by the Texas Commission on Environmental Quality   and other law and rules applicable to sewage facilities."          Sec. 232.210.  CERTIFICATION REGARDING COMPLIANCE WITH PLAT   REQUIREMENTS. (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.          (b)  On the commissioners court's 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 make the following determinations   regarding the land in which the entity or commissioners court is   interested that is located within the jurisdiction of the county:                (1)  whether a plat has been prepared and whether it has   been reviewed and approved by the commissioners court;                (2)  whether water service facilities have been   constructed or installed to service the lot or subdivision under   Section 232.203 and are fully operable;                (3)  whether sewer service facilities have been   constructed or installed to service the lot or subdivision under   Section 232.203 and are fully operable, or if septic systems are   used, whether the lot is served by a permitted on-site sewage   facility or lots in the subdivision can be adequately and legally   served by septic systems under Section 232.203; and                (4)  whether electrical and gas facilities, if   available, have been constructed or installed to service the lot or   subdivision under Section 232.203.          (c)  The request made under Subsection (b) must identify the   land that is the subject of the request.          (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.          (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.          (f)  The commissioners court may adopt rules it considers   necessary to administer its duties under this section.          (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.     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.  A person who   obtains a certificate under this section is not required to obtain a   certificate under Section 212.0115.          Sec. 232.211.  CONNECTION OF UTILITIES. (a)  Except as   provided by Subsection (c) or Section 232.221(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 232.210(a) or receives a   determination from the commissioners court under Section   232.210(b)(1) that the plat has been reviewed and approved by the   commissioners court.          (b)  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 232.210(a) or receives a determination from the   commissioners court under Section 232.210(b) if the utility is   provided with a certificate issued by the commissioners court that   states that:                (1)  the subdivided land:                      (A)  was sold or conveyed by a subdivider by any   means of conveyance, including a contract for deed or executory   contract:                            (i)  before September 1, 1995; or                            (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                      (D)  has had adequate sewer services installed to   service the lot or dwelling, as determined by an authorized agent   responsible for the licensing or permitting of on-site sewage   facilities under Chapter 366, Health and Safety Code;                (2)  the subdivided land is a lot of record and has   adequate sewer services installed that are fully operable to   service the lot or dwelling, as determined by an authorized agent   responsible for the licensing or permitting of on-site sewage   facilities under Chapter 366, Health and Safety Code; or                (3)  the land was not subdivided after September 1,   1995, and:                      (A)  water service is available within 750 feet of   the subdivided land; or                      (B)  water service is available more than 750 feet   from the subdivided land and the extension of water service to the   land may be feasible, subject to a final determination by the water   service provider.          (c)  A utility may provide utility service to subdivided land   described by Subsection (b)(1), (2), or (3) only if the person   requesting service:                (1)  is not the land's subdivider or the subdivider's   agent; and                (2)  provides to the utility a certificate described by   Subsection (b).          (d)  A person requesting service may obtain a certificate   under Subsection (b)(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 (b);                (2)  a notarized affidavit by that person requesting   service under Subsection (b)(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 (b)(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 (b); and                (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 232.201(15) or the   authorized agent responsible for the licensing or permitting of   on-site sewage facilities under Chapter 366, Health and Safety   Code.          (e)  On request, the commissioners court shall provide to the   attorney general and any appropriate local, county, or state law   enforcement official a copy of any document on which the   commissioners court relied in determining the legality of providing   service.          (f)  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.          (g)  The prohibition established by this section shall not   prohibit a water, sewer, electric, or gas utility from providing   water, sewer, electric, or gas utility connection or service to a   lot sold, conveyed, or purchased through a contract for deed or   executory contract or other device by a subdivider prior to July 1,   1995, or September 1, 1999, if on August 31, 1999, the subdivided   land was located in the extraterritorial jurisdiction of a   municipality that has adequate sewer services installed that are   fully operable to service the lot, as determined by an authorized   agent responsible for the licensing or permitting of on-site sewage   facilities under Chapter 366, Health and Safety Code, and was   subdivided by a plat approved prior to September 1, 1989.          (h)  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.          (i)  Subject to Subsections (j) and (k), a utility that does   not hold a certificate issued by, or has not received a   determination from, the commissioners court under Section 232.210   to serve or connect subdivided property with water, sewer,   electricity, or gas may provide that service to a single-family   residential dwelling on that property if:                (1)  the person requesting utility service is the owner   and occupant of the residential dwelling;                (2)  the utility previously provided the utility   service 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                (4)  providing the utility service will not result in:                      (A)  an increase in the volume of utility service   provided to the property; or                      (B)  more than one utility connection for each   single-family residential dwelling located on the property.          (j)  A utility may provide service under Subsection (i) only   if the person requesting the service provides to the commissioners   court documentation that evidences compliance with the   requirements of Subsection (i) and that is satisfactory to the   commissioners court.          (k)  A utility may not serve or connect subdivided property   as described by Subsection (i) if, on or after September 1, 2007,   any existing improvements on that property are modified.          (l)  Except as provided by Subsection (m), 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;                (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                (4)  is located in a project for which the municipality   with jurisdiction over the project or the approval of plats within   the project area has approved the improvement project by order,   resolution, or interlocal agreement under Chapter 791, Government   Code, if applicable.          (m)  A utility may not serve any subdivided land with water   utility connection or service under Subsection (l) unless the   entity receives a determination from the county commissioners court   under Section 232.210(b)(3) that adequate sewer services have been   installed to service the lot or dwelling.          (n)  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.     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.  A person who   obtains a certificate under this section is not required to obtain a   certificate under Section 212.0115.          Sec. 232.212.  SUBDIVISION REGULATION; COUNTY AUTHORITY.     (a) The commissioners court for each county shall adopt and enforce   the model rules developed under Section 16.343, Water Code.          (b)  Except as provided by Section 16.350(d), Water Code, or   Section 232.226 or 232.227 of this code, the commissioners court   may not grant a variance or adopt regulations that waive any   requirements of this subchapter.          (c)  The commissioners court shall adopt regulations setting   forth requirements for:                (1)  potable water sufficient in quality and quantity   to meet minimum state standards;                (2)  solid waste disposal meeting minimum state   standards and rules adopted by the county under Chapter 364, Health   and Safety Code;                (3)  sufficient and adequate roads that satisfy the   standards adopted by the county;                (4)  sewer facilities meeting minimum state standards;                (5)  electric service and gas service; and                (6)  standards for flood management meeting the minimum   standards set forth by the Federal Emergency Management Agency   under the National Flood Insurance Act of 1968 (42 U.S.C. Section   4001 et seq.).          (d)  In adopting regulations under Subsection (c)(2), the   commissioners court may allow one or more commercial providers to   provide solid waste disposal services as an alternative to having   the service provided by the county.          Sec. 232.213.  COUNTY INSPECTOR. (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.          (b)  Fees collected under this section may be used only to   fund inspections conducted under this section.          Sec. 232.214.  REQUIREMENTS PRIOR TO SALE OR LEASE. (a) 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   232.205.          (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 232.217, leases, and any other documents that convey an   interest in the subdivided land.          (c)  A document filed under Subsection (b) is a public   record.          Sec. 232.215.  NOTICE OF WATER AND WASTEWATER REQUIREMENTS   BY POLITICAL SUBDIVISIONS. (a)  This section applies only to a   county or other political subdivision located in the county that   sells real property:                (1)  under Section 34.01, Tax Code; or                (2)  taken by virtue of a writ of execution under   Section 3, Part VI, Texas Rules of Civil Procedure, and Chapter 34,   Civil Practice and Remedies Code.          (b)  A county or other political subdivision located in the   county shall include in the public notice of sale of the property   and the deed conveying the property a statement substantially   similar to the following:          "THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR   JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND   INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.          "THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY   WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER NOR THE   SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT   THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR   FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.          "IN SOME SITUATIONS, A LOT OF FEWER THAN FIVE ACRES IS   PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE   PROPERTY LACKS WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT   QUALIFY FOR RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE   INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH   PRIVATE COUNSEL."          (c)  The statement required by Subsection (b) must be:                (1)  printed:                      (A)  in English and Spanish; and                      (B)  in 14-point boldface type or 14-point   uppercase typewritten letters; and                (2)  read aloud at the sale, in English and Spanish, by   an agent of the county.          (d)  A sale conducted in violation of this section is void.          Sec. 232.216.  SERVICES PROVIDED BY SUBDIVIDER. 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                (5)  make a reasonable effort to have electric utility   service and gas utility service installed by a utility.          Sec. 232.217.  ADVERTISING STANDARDS AND OTHER REQUIREMENTS   BEFORE SALE; OFFENSE. (a) Brochures, publications, and   advertising of any form relating to subdivided land:                (1)  may not contain any misrepresentation; and                (2)  except for a for-sale sign posted on the property   that is no larger than three feet by three feet, must accurately   describe the availability of water and sewer service facilities and   electric and gas utilities.          (b)  The subdivider shall provide a copy in Spanish of all   written documents relating to the sale of subdivided land under an   executory contract, including the contract, disclosure notice, and   annual statement required by this section and a notice of default   required by Subchapter D, Chapter 5, Property Code, if:                (1)  negotiations that precede the execution of the   executory contract are conducted primarily in Spanish; or                (2)  the purchaser requests the written documents to be   provided in Spanish.          (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   contain language 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.   WARNING   CONCERNING THE PROPERTY AT (street address or legal description and   municipality)   THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE   CONSIDERING PURCHASING.   CHECK OFF THE ITEMS THAT ARE TRUE:   ___  The property is in a recorded subdivision.   ___  The property has water service that provides potable water.   ___  The property has sewer service or a septic system.   ___  The property has electric service.   ___  The property is not in a flood-prone area.   ___  The roads are paved.   ___  No person other than the subdivider:          (1)  owns the property;          (2)  has a claim of ownership to the property; or          (3)  has an interest in the property.   ___  No person has a lien filed against the property.   ___  There are no back taxes owed on the property.   NOTICE   SELLER ADVISES PURCHASER TO:          (1)  OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY   AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND          (2)  PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE COVERING   THE PROPERTY.   _____________________________________________   (Date) (Signature of Subdivider)   _____________________________________________   (Date) (Signature of Purchaser)          (d)  The subdivider shall provide any purchaser who is sold a   lot under an executory contract with an annual statement in January   of each year for the term of the executory contract. If the   subdivider mails the statement to the purchaser, the statement must   be postmarked not later than January 31.          (e)  The statement under Subsection (d) must include the   following information:                (1)  the amount paid under the contract;                (2)  the remaining amount owed under the contract;                (3)  the annual interest rate charged under the   contract during the preceding 12-month period; and                (4)  the number of payments remaining under the   contract.          (f)  If the subdivider fails to comply with Subsections (d)   and (e), the purchaser may:                (1)  notify the subdivider that the purchaser has not   received the statement and will deduct 15 percent of each monthly   payment due until the statement is received; and                (2)  not earlier than the 25th day after the date the   purchaser provides the subdivider notice under this subsection,   deduct 15 percent of each monthly payment due until the statement is   received by the purchaser.          (g)  A purchaser who makes a deduction under Subsection (f)   is not required to reimburse the subdivider for the amount   deducted.          (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. An offense under this   section is a Class A misdemeanor.          (i)  A person who holds a real estate broker's or sales   agent's license under Chapter 1101, Occupations Code, acting in the   person's capacity as a real estate broker or sales agent, other than   a person who is a director, officer, or employee of the seller or   subdivider or who is otherwise affiliated with the seller or   subdivider, is not an agent of a seller or subdivider for purposes   of this section.          Sec. 232.218.  CONFLICT OF INTEREST; PENALTY. (a) In this   section, "subdivided tract" means a tract of land, as a whole, that   is subdivided into tracts or lots.  The term does not mean an   individual lot in a subdivided tract of land.          (b)  A person has an interest in a subdivided tract if the   person:                (1)  has an equitable or legal ownership interest in   the tract;                (2)  acts as a developer of the tract;                (3)  owns voting stock or shares of a business entity   that:                      (A)  has an equitable or legal ownership interest   in the tract; or                      (B)  acts as a developer of the tract; or                (4)  receives in a calendar year money or any thing of   value from a business entity described by Subdivision (3).          (c)  A person also is considered to have an interest in a   subdivided tract if the person is related in the second degree by   consanguinity or affinity, as determined under Chapter 573,   Government Code, to a person who, under Subsection (b), has an   interest in the tract.          (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. The affidavit must be filed with the county clerk.          (e)  A member of the commissioners court of a county commits   an offense if the member violates Subsection (d). An offense under   this subsection is a Class A misdemeanor.          (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   but for the vote of the member who violated this section.          (g)  A conviction under Subsection (e) constitutes official   misconduct by the member and is grounds for removal from office.          Sec. 232.219.  CIVIL PENALTIES.  (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.          (b)  Notwithstanding any other remedy at law or equity, a   subdivider or an agent of a subdivider may not cause, suffer, allow,   or permit any part of a subdivision over which the subdivider or an   agent of the subdivider has control, or a right of ingress and   egress, to become a public health nuisance as defined by Section   341.011, Health and Safety Code.          (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.          (d)  Except as provided by Subsection (e), a person who   violates Subsection (a) or (b) is subject to a civil penalty of not   less than $10,000 or more than $15,000 for each lot conveyed or each   subdivision that becomes a nuisance. The person must also pay court   costs, investigative costs, and attorney's fees for the   governmental entity bringing the suit.          (e)  A person who violates Subsection (b) is not subject to a   fine under Subsection (d) if the person corrects the nuisance not   later than the 30th day after the date the person receives notice   from the attorney general or a local health authority of the   nuisance.          (f)  Venue for an action under this section is in a district   court of Travis County, a district court in the county in which the   defendant resides, or a district court in the county in which the   violation or threat of violation occurs.          (g)  A person who holds a real estate broker's or sales   agent's license under Chapter 1101, Occupations Code, acting in the   person's capacity as a real estate broker or sales agent, other than   a person who is a director, officer, or employee of the seller or   subdivider or who is otherwise affiliated with the seller or   subdivider, is not an agent of a seller or subdivider for purposes   of this section.          Sec. 232.220.  CRIMINAL PENALTIES. (a) A subdivider   commits an offense if the subdivider knowingly fails to file a plat   required by this subchapter. An offense under this subsection is a   Class A misdemeanor.          (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 232.216 or fails to make a reasonable effort to have   electric utility service and gas utility service installed by a   utility as required by Section 232.216. An offense under this   subsection is a Class A misdemeanor.          (c)  If it is shown at the trial of an offense under   Subsection (a) that the defendant caused five or more residences in   the subdivision to be inhabited, the offense is a state jail felony.          (d)  A subdivider commits an offense if the subdivider allows   the conveyance of a lot in the subdivision without the appropriate   water and sewer utilities as required by Section 232.216 or without   having made a reasonable effort to have electric utility service   and gas utility service installed by a utility as required by   Section 232.216. An offense under this section is a Class A   misdemeanor.  Each lot conveyed constitutes a separate offense.          (e)  Venue for prosecution for a violation under this section   is in the county in which any element of the violation is alleged to   have occurred or in Travis County.          Sec. 232.221.  ENFORCEMENT. (a) The attorney general, or   the district attorney, criminal district attorney, county attorney   with felony responsibilities, or county attorney of the county 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   the model rules adopted under Section 16.343, Water Code;                (2)  enjoin the violation or threatened violation of a   requirement of this subchapter or a rule adopted by the   commissioners court under this subchapter;                (3)  recover civil or criminal penalties, attorney's   fees, litigation costs, and investigation costs; and                (4)  require platting or replatting under Section   232.224.          (b)  The attorney general, at the request of the district or   county attorney with jurisdiction, may conduct a criminal   prosecution under Section 232.217(h) or 232.220.          (c)  During the pendency of any enforcement action brought,   any resident of the affected subdivision, or the attorney general,   district attorney, or county attorney on behalf of a resident, may   file a motion against the provider of utilities to halt termination   of pre-existing utility services. 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,   safety, or welfare of the residents.          (d)  This subchapter is subject to the applicable   enforcement provisions prescribed by Sections 16.352, 16.353,   16.354, and 16.3545, Water Code.          (e)  A court having jurisdiction of an enforcement action   under this section shall dismiss the action if the defendant:                (1)  remedies the violation that is the subject of the   enforcement action not later than the 45th day after the date the   defendant receives notice of the action; and                (2)  shows good cause for the dismissal.          Sec. 232.222.   SUIT BY PRIVATE PERSON IN ECONOMICALLY   DISTRESSED AREA. A person who has purchased or is purchasing a lot   after July 1, 1995, in a subdivision for residential purposes that   does not have water and sewer services as required by this   subchapter and is located in an economically distressed area, as   defined by Section 17.921, Water Code, from a subdivider, may bring   suit in the district court in which the property is located or in a   district court in Travis County to:                (1)  declare the sale of the property void, require the   subdivider to return the purchase price of the property, and   recover from the subdivider:                      (A)  the market value of any permanent   improvements the person placed on the property;                      (B)  actual expenses incurred as a direct result   of the failure to provide adequate water and sewer facilities;                      (C)  court costs; and                      (D)  reasonable attorney's fees; or                (2)  enjoin a violation or threatened violation of   Section 232.032, require the subdivider to plat or replat under   Section 232.040, and recover from the subdivider:                      (A)  actual expenses incurred as a direct result   of the failure to provide adequate water and sewer facilities;                      (B)  court costs; and                      (C)  reasonable attorney's fees.          Sec. 232.223.  CANCELLATION OF SUBDIVISION. (a) A   subdivider of land may apply to the commissioners court to cancel   all or part of the subdivision in the manner provided by Section   232.008 after notice and hearing as provided by this section.          (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.          (c)  The notice required by Section 232.008(c) must also be   published in Spanish in the newspaper of highest circulation and in   a Spanish-language newspaper in the county if available.          (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                (2)  each person with an interest in the property.          (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. For purposes of this   subsection, a person residing on a lot purchased through an   executory contract has an interest in the property.          (f)  A person who fails to provide information requested   under Subsection (e) before the 31st day after the date the request   is made is liable to the state for a penalty of $500 for each week   the person fails to provide the information.          (g)  The commissioners court may cancel a subdivision only   after a public hearing. At the hearing, the commissioners court   shall permit any interested person to be heard. At the conclusion   of the hearing, the commissioners court shall adopt an order on   whether to cancel the subdivision.          Sec. 232.224.  REPLATTING. (a) A subdivision plat must   accurately reflect the subdivision as it develops. 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 232.225.          (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. 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.  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                (2)  for which it is shown at a proceeding brought in   the district court in which the property is located that the sale of   a lot otherwise exempt under Subsection (c) was made for the purpose   of evading the requirements of this subchapter.          (c)  Subsection (b) does not apply if a seller other than a   subdivider or agent of a subdivider resides on the lot.          (d)  The attorney general or a district or county attorney   with jurisdiction may bring a proceeding under Subsection (b).          (e)  Existing utility services to a subdivision that must be   platted or replatted under this section may not be terminated under   Section 232.211.          Sec. 232.225.  REVISION OF PLAT.  (a) A person who has   subdivided land that is subject to the subdivision controls of the   county in which the land is located may apply in writing to the   commissioners court of the county for permission to revise the   subdivision plat filed for record with the county clerk.          (b)  Except as provided by Subsection (c), 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.  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.  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.  If all or part of the subdivided tract has been sold to   nondeveloper owners, the court shall also give notice to each of   those owners by certified or registered mail, return receipt   requested, at the owner's address in the subdivided tract.          (c)  If the commissioners court determines that the revision   to the subdivision plat does not affect a public interest or public   property of any type, including, but not limited to, a park, school,   or road, the notice requirements under Subsection (b) do not apply   to the application and the commissioners court shall:                (1)  provide written notice of the application to the   owners of the lots that are within 200 feet of the subdivision plat   to be revised, as indicated in the most recent records of the   central appraisal district of the county in which the lots are   located; and                (2)  if the county maintains an Internet website, post   notice of the application continuously on the website for at least   30 days preceding the date of the meeting to consider the   application until the day after the meeting.          (d)  During a regular term of the commissioners court, the   court shall adopt an order to permit the revision of the subdivision   plat if it is shown to the court that:                (1)  the revision will not interfere with the   established rights of any owner of a part of the subdivided land; or                (2)  each owner whose rights may be interfered with has   agreed to the revision.          (e)  If the commissioners court permits a person to revise a   subdivision plat, the person may make the revision by filing for   record with the county clerk a revised plat or part of a plat that   indicates the changes made to the original plat.          (f)  The commissioners court may impose a fee for filing an   application under this section. The amount of the fee must be based   on the cost of processing the application, including publishing the   notices required under Subsection (b) or (c).          Sec. 232.226.  VARIANCES FROM REPLATTING REQUIREMENTS. (a)   On request of a subdivider or resident purchaser, the commissioners   court may grant a delay or a variance from compliance with Section   232.224 as provided by this section.          (b)  The commissioners court may grant a delay of two years   if the reason for the delay is to install utilities. A person may   apply for one renewal of a delay under this subsection. 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                (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.          (c)  The commissioners court may grant a delay or a variance   for a reason other than a reason described by Subsection (b) if it   is shown that compliance would be impractical or would be contrary   to the health and safety of residents of the subdivision. The   commissioners court must issue written findings stating the reasons   why compliance is impractical.          (d)  A delay or a variance granted by the commissioners court   is valid only if the commissioners court notifies the attorney   general of the delay or variance and the reasons for the delay or   variance not later than the 30th day after the date the   commissioners court grants the delay or variance.          (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                (2)  suitable temporary sanitary wastewater disposal   facilities.          Sec. 232.227.   VARIANCES FROM PLATTING REQUIREMENTS. (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 232.203(c)(8) or   (9), 232.207(1), (2), (3), (4), or (5), or 232.212(c)(2), (3), (5),   or (6); or                (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                      (B)  the number of single-family, detached   dwellings that may be located on a lot.          (b)  If the commissioners court makes a written finding that   the subdivider who created the unplatted subdivision no longer owns   property in the subdivision, the commissioners court may grant a   delay or variance under this section only if:                (1)  a majority of the lots in the subdivision were sold   before September 1, 1995;                (2)  a majority of the resident purchasers in the   subdivision sign a petition supporting the delay or variance;                (3)  the person requesting the delay or variance   submits to the commissioners court:                      (A)  a description of the water and sewer service   facilities that will be constructed or installed to service the   subdivision;                      (B)  a statement specifying the date by which the   water and sewer service facilities will be fully operational; and                      (C)  a statement signed by an engineer licensed in   this state certifying that the plans for the water and sewer   facilities meet the minimum state standards;                (4)  the commissioners court finds that the unplatted   subdivision at the time the delay or variance is requested is   developed in a manner and to an extent that makes compliance with   specific platting requirements impractical or contrary to the   health or safety of the residents of the subdivision; and                (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.          (c)  If the commissioners court makes a written finding that   the subdivider who created the unplatted subdivision owns property   in the subdivision, the commissioners court may grant a provisional   delay or variance only if the requirements of Subsection (b) are   satisfied. 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).          (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                (3)  submit a copy of the record to the attorney   general.          (e)  The failure of the attorney general to comment or object   to a delay or variance granted under this section does not   constitute a waiver of or consent to the validity of the delay or   variance granted.          (f)  This section does not affect a civil suit filed against,   a criminal prosecution of, or the validity of a penalty imposed on a   subdivider for a violation of law, regardless of the date on which   the violation occurred.          Sec. 232.228.  AMENDING PLAT. 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.          Sec. 232.229.  APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS   TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE.  (a)  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                (2)  through which the county, to the extent   practicable, may apply to the subdivision more current street,   road, drainage, and other infrastructure requirements.          (b)  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.          (c)  A regulation or standard adopted by a county under this   section applies only to a lot that is owned by an individual, firm,   corporation, or other legal entity that directly or indirectly   offers lots for sale or lease as part of a common promotional plan   in the ordinary course of business, and each regulation or standard   must expressly state that limitation.  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)  known, designated, or advertised as a common unit   or by a common name.          SECTION 7.  Sections 233.153(d) and (e), Local Government   Code, are amended to read as follows:          (d)  This subchapter may not be construed to:                (1)  require prior approval by the county before the   beginning of new residential construction;                (2)  authorize the commissioners court of a county to   adopt or enforce zoning regulations; or                (3)  affect the application of the provisions of   Subchapter B or G, Chapter 232, to land development.          (e)  In the event of a conflict between this subchapter and   Subchapter B or G, Chapter 232, the provisions of Subchapter B or G,   Chapter 232, control.          SECTION 8.  Section 12.002(d), Property Code, is amended to   read as follows:          (d)  Except in the case of a subdivision located in a county   to which Subchapter B or G, Chapter 232, Local Government Code,   applies, Subsection (c) does not apply to using a subdivision's   description in a contract to convey real property before the plat or   replat of the subdivision is approved and is filed for record with   the county clerk if:                (1)  the conveyance is expressly contingent on approval   and recording of the final plat; and                (2)  the purchaser is not given use or occupancy of the   real property conveyed before the recording of the final plat.          SECTION 9.  Section 34.01(e), Tax Code, is amended to read as   follows:          (e)  A notice of sale under Subsection (c) must substantially   comply with this subsection. The notice must include:                (1)  a statement of the authority under which the sale   is to be made;                (2)  the date, time, and location of the sale;                (3)  a brief description of the property to be sold;   [and]                (4)  the statement required by Section 232.0315, Local   Government Code, if the real property subject to the sale is located   in a county subject to Subchapter B, Chapter 232, of that code and   is presumed to be for residential use under Section 232.022 of that   code; and                (5)  the statement required by Section 232.215, Local   Government Code, if the real property subject to the sale is located   in a county subject to Subchapter G, Chapter 232, of that code.          SECTION 10.  Section 16.343, Water Code, is amended by   amending Subsection (f) and adding Subsection (f-1) to read as   follows:          (f)  The model rules may impose a platting or replatting   requirement pursuant to Subsection (b)(2), (c)(2), or (d). Except   as may be required by an agreement developed under Chapter 242,   Local Government Code, and subject to Subsection (f-1), a   municipality that has adopted the model rules may impose the   applicable platting requirements of Chapter 212, Local Government   Code, and a county that has adopted the model rules may impose the   applicable platting requirements of Chapter 232, Local Government   Code, to real property that is required to be platted or replatted   by the model rules under this section.          (f-1)  The model rules do not supersede an exception to a   platting requirement prescribed by Subchapter G, Chapter 232, Local   Government Code.          SECTION 11.  Section 16.350(d), Water Code, is amended to   read as follows:          (d)  A county or municipality that receives funds or   financial assistance under Section 15.407 of this code or   Subchapter K, Chapter 17, of this code may grant an exemption for a   subdivision from the requirements of the model rules only if:                (1)  the county or municipality supplies the   subdivision with water supply and sewer services that meet the   standards of the model rules; or                (2)  the subdivision:                      (A)  is located within a county subject to   Subchapter G, Chapter 232, Local Government Code; and                       (B)  involves four or fewer lots that:                            (i)  front an existing street that meets the   standards adopted by the county or municipality and does not   require the creation of any new street; and                            (ii)  may connect to an existing water   supply and sewer service located within 50 feet of each lot in the   subdivision that meets the standards of the model rules and does not   require the extension of water or sewer facilities.          SECTION 12.  This Act takes effect September 1, 2025.