Funds escheated to the state under this subchapter are subject to disposition or recovery under Subchapters C and D, Chapter 71, Property Code. 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. (d) The commissioners court of the county in which the land is located may establish a planning commission as provided by Subchapter D. The planning commission, including its findings and decisions, is subject to the same provisions applicable to the commissioners court under this subchapter, including Section 232.034 relating to conflicts of interest. 10, eff. MAJOR THOROUGHFARE PLAN. (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. (2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE COVERING THE PROPERTY. (B) any uncanceled common amenity of the subdivision. (b) The only allegations required to be pleaded in an action for receivership brought under this section are: (1) the identification of the applicable lot; (2) the relationship of the defendant to the real property; (3) the notice of the administrative hearing given to the owner; and. CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION. 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). A requirement adopted under this subsection must provide for an exemption from the requirement if the owner 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. 1390 (S.B. 2, eff. (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). 232.0026. For information on obtaining a Marriage License, please contact the Bexar County Clerk's Office at (210) 335-2221 or visit the County Clerk's webpage for marriage information. . (C) the treatment, disposal, and management of solid waste by or under Chapters 361 and 364, Health and Safety Code. Sec. CONFLICT OF INTEREST; PENALTY. (2) in which the commissioners court by order elects to operate under this subchapter. 232.028. Sec. September 1, 2015. (d) An owner or lienholder is presumed to have received actual and constructive notice of the hearing if the commissioners court complies with this section, regardless of whether the commissioners court receives a response from the person. NOTICE OF HEARING. (2) the reasons in writing and any documentation that support a variance granted under Section 232.042. Acts 2005, 79th Leg., Ch. (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. The term does not mean an individual lot in a subdivided tract of land. Sec. The Military Lighting Overlay District (MLOD) includes regulations regarding outdoor lighting that impacts military operations . Sec. 149, Sec. 232.153. AUTHORITY AND DUTY OF RECEIVER. Amended by Acts 1999, 76th Leg., ch. 8, eff. 2033), Sec. Added by Acts 1995, 74th Leg., ch. 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) A subdivider of land must have a plat of the subdivision prepared if at least one of the lots of the subdivision is five acres or less. June 16 1995. 1, eff. 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. Property plats are not reviewed by the local government authority and do not fulfill the subdivision platting requirement of Local Government Code Chapter 232. 951 (H.B. The person must bring the action within one year after the date of the entry of the commissioners court's order granting the cancellation. 708 (S.B. 979, Sec. Acts 2011, 82nd Leg., R.S., Ch. This document will include limitations on how property is to be used, built, maintained, etc. 708 (S.B. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1987. (c) The owner of the tract to be subdivided must pay the fee at the time directed by the county before the county conducts a review of the plat. (a) A plat filed under Section 232.072 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. 951 (H.B. Sec. 1, eff. September 1, 2007. Restrictions. 1, eff. 232.032. AMENDING PLAT. Sept. 1, 1999. June 20, 2003. (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) 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. June 20, 2003. 422, Sec. (a) This section applies only to a tract of land for which a plat is required under this subchapter. (e) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into four or fewer parts and does not lay out a part of the tract described by Section 232.001(a)(3) to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code. Sec. (b) This subchapter applies only to land that is subdivided into two or more lots that are intended primarily for residential use in the jurisdiction of the county. (11) "Subdivide" means to divide the surface area of land into lots intended primarily for residential use. SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR INTERNATIONAL BORDER. The documentation or other information must relate to a requirement authorized by law. Amended by Acts 1989, 71st Leg., ch. (a) The attorney general, or the district attorney, criminal district attorney, or county attorney, may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to: (1) enjoin the violation or threatened violation of applicable model rules adopted under Section 16.343, Water Code; (4) require platting as required by this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. Leon County Commissioners Court for a final resolution. (c) Before an executory contract is signed by the purchaser, the subdivider shall provide the purchaser with a written notice, which must be attached to the executory contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the subdivider and purchaser, be acknowledged, and read substantially similar to the following: IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE TO LIVE ON THE PROPERTY. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. 1867), Sec. (b) On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the county to review the order of the county and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney. (a) Except as provided by Subsection (d), a subdivider may not sell or lease land in a subdivision first platted or replatted after July 1, 1995, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024. If any lot is sold, given, or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity, the platting requirements of this subchapter apply. Added by Acts 1999, 76th Leg., ch. (b) Under the contract, the developer shall construct the improvements, and the county shall participate in the cost of the improvements. Sec. JUDICIAL REVIEW OF DISAPPROVAL. (h) Except as provided by this subsection, an approval of a plat by the planning commission is final on the 31st day after the date the planning commission votes to approve the plat. (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. (d) Appeal of the county's determination under this subchapter shall be conducted under the substantial evidence rule. (a) This section applies only to a county defined under Section 232.022(a)(1). A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL.". (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. 1, eff. 301, Sec. VARIANCES FROM REPLATTING REQUIREMENTS. 624, Sec. 232.097. (2) "Business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. (a) If, under any authority expressly authorized by this chapter, a county requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of county infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the county. Added by Acts 1995, 74th Leg., ch. ADMINISTRATIVE DETERMINATION. June 16, 1995. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. (c) A subdivider may meet the requirements of Subsection (b)(12)(B) through the use of a certificate issued by the appropriate county or state official having jurisdiction over the approval of septic systems stating that lots in the subdivision can be adequately and legally served by septic systems. Sept. 1, 1987. (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 232.024, 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. 3.04, eff. Subdivision Plats: establishes the location of lots, common areas, and easements. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. (B) known, designated, or advertised as a common unit or by a common name. 2021 San Antonio Property Maintenance Code (based on the 2018 International Property Maintenance Code), effective Feb. 9, 2023. (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. 232.025. 12, eff. September 1, 2013. A commissioners court of the county may allow conveyance of portions of one or more previously platted lots by metes and bounds description without revising the plat. 1390 (S.B. Acts 1987, 70th Leg., ch. 11, eff. (a) In addition to the authority granted under Section 232.045, a commissioners court may implement an expedited process to administratively determine that a platted lot is abandoned, unoccupied, and undeveloped if the lot: (1) has remained undeveloped for 25 years or more after the date the lot was platted; (2) is part of a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied; (3) is part of a subdivision in which 50 percent or more of the lots are 10 acres or less in size; (4) had an assessed value of less than $1,000 as of January 1, 2021; and. 6, eff. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). Any liens against the property shall remain against the property as it was previously subdivided. Sec. Each lot conveyed constitutes a separate offense. (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. 232.0048. This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048. 3167), Sec. (b) The hearing may be held by the commissioners court of the county or an appropriate county commission or board appointed by the commissioners court. 232.0013. Amended by Acts 1989, 71st Leg., ch. Sec. Sec. (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. The subdivider must comply with the requirement before subdividing the tract. Acts 2007, 80th Leg., R.S., Ch. AMENDING PLAT. 404, Sec. SUBDIVISION REQUIREMENTS. All other past due taxes are surrendered for collection on July 1st of the year the taxes became delinquent and are also subject to the additional 15 or 20% collection fee. A lot is presumed to be intended for residential use if the lot is five acres or less. After the cancellation order is filed and recorded, the property shall be treated as if it had never been subdivided, and the county chief appraiser shall assess the property accordingly. 232.002. Amended by Acts 1995, 74th Leg., ch. (2) abolish a planning commission established under this section. Added by Acts 1989, 71st Leg., ch. 5, eff. 76, eff. Amended by Acts 1999, 76th Leg., ch. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION. Sec. (B) within a reasonable time set by the court. JUDICIAL REVIEW. 232.0095. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). 232.041. (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. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. (f) 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. 129, Sec. 232.029. COUNTY INSPECTOR. APPLICABILITY. (b) A developer who disputes the determination made under Subsection (a) may appeal to the commissioners court of the county. "IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. Sec. (g) Construction of a proposed manufactured home rental community may not begin before the date the county engineer or another person designated by the commissioners court approves the infrastructure development plan. Sec. Sept. 1, 2001. (b) A commissioners court by order may implement a process: (1) applicable to a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied on or after the 25th anniversary of the date the plat for the subdivision was recorded with the county; and. (5) describe the restrictions, conditions, and limitations on the use of the property that the receiver has determined are appropriate, other than the restrictions, conditions, and limitations provided by other law. Sept. 1, 1999. 232.0083. 979, Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2019. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. (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. Sec. 8, eff. (b) The commissioners court may not approve a plat unless the plat and other documents have been prepared as required by Section 232.0035, if applicable. 1, eff. Sept. 1, 2003. 1100), Sec. Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. (d) A previously conditionally approved or disapproved plat application is approved if: (1) the applicant filed a response that meets the requirements of Subsection (c); and. (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. 2, eff. (2) is connected by the part of the roadway or easement to be canceled or closed, by the most direct feasible route, to: (A) the nearest remaining public highway, county road, or access road to the public highway or county road; or. 400 (S.B. 232.096. (i) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) the owner of the land is a political subdivision of the state; (2) the land is situated in a floodplain; and. September 1, 2005. 4, eff. 9, eff. (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. 781), Sec. Sept. 1, 2001. Jury duty is located in the basement of the Justice Center (300 Dolorosa Street), across the hall from the cafeteria. (j) The prohibition established by this section does not prohibit an electric or gas utility from providing electric or gas utility connection or service to a lot: (1) sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider before September 1, 2005; (2) located within a subdivision where the utility has previously established service; and. 2, eff. 979, Sec. 232.021. (b) There is no limitation on the number of terms a member may serve on the commission. September 1, 2013. (a) The commissioners court for each county shall adopt and enforce the model rules developed under Section 16.343, Water Code. State law allowing municipalities to charge abutting landowners the cost for street improvements and assessments. 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. (b) The Texas Commission on Environmental Quality by rule shall establish the appropriate form and content of a certification to be attached to a plat application under this section. (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. 1676), Sec. June 16, 1995. These are typically rules enforced by a subdivision or homeowners association (HOA). 153, Sec. (2) the purchaser requests the written documents to be provided in Spanish. (2) applies only to a decision wholly within the control of the commissioners court or the court's designee. Declaration of Covenants, Conditions, and Restrictions: a list of rights and responsibilities that the homeowners and the property owners' association owe to each other. 1, eff. (b) The bond must be conditioned on the construction or installation of water and sewer service facilities that will be in compliance with the model rules adopted under Section 16.343, Water Code. (2) if a plat is required for the identified tract, determine whether a plat has been reviewed and approved by the commissioners court. September 1, 2015. 6, eff. (c) The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in: (1) performing groundwater conservation district activities; (3) maintaining the state's groundwater database; or. (g) The commissioners court or the court's designee shall make the determination under Subsection (f)(1) of whether the 30-day period will be extended not later than the 20th day after the date a completed plat application is received by the commissioners court or the court's designee. Amended by Acts 1989, 71st Leg., ch. (a) The county shall: (1) provide notice of the hearing to each record owner of the applicable lot and to each holder of a recorded lien against the applicable lot by: (B) certified mail with return receipt requested to the last known address of each owner and lienholder; or. (a) At the request of the commissioners court, the county attorney or other prosecuting attorney for the county may file an action in a court of competent jurisdiction to: (1) enjoin the violation or threatened violation of a requirement established by, or adopted by the commissioners court under a preceding section of this chapter; or. (6) "Lot" means a parcel into which land that is intended for residential use is divided. Sept. 1, 1997. Sec. 1, eff. June 16, 1995. 460 (H.B. 4, eff. September 1, 2005. 979, Sec. 6, eff. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. What can be done to protect our property values. Sec. (p) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. (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. Amended by Acts 1999, 76th Leg., ch. The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. 232.039. Sec. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 (8) "Plat" means a map, chart, survey, plan, or replat containing a description of the subdivided land with ties to permanent landmarks or monuments. Added by Acts 2007, 80th Leg., R.S., Ch. Except as provided by Subsection (f), 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. Sept. 1, 1987. Sept. 1, 1999. Sec. Added by Acts 1997, 75th Leg., ch. The failure to reject a plan within the period prescribed by this subsection constitutes approval of the plan. (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. (c-1) 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 (c) 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. 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 . (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. June 20, 2003. or any other restrictions in the Map Collection materials. (3) Section 232.004(5)(B) does not apply to the county. Acts 2007, 80th Leg., R.S., Ch. 232.0029. 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. The bond must: (1) be payable to the county judge of the county in which the subdivision will be located or to the judge's successors in office; (2) be in an amount determined by the commissioners court to be adequate to ensure proper construction of the roads and streets in and drainage requirements for the subdivision, but not to exceed the estimated cost of construction of the roads, streets, and drainage requirements; (3) be executed with sureties as may be approved by the court; (4) be executed by a company authorized to do business as a surety in this state if the court requires a surety bond executed by a corporate surety; and. 129, Sec. 1, eff. (b) If a person submits a plat application to the commissioners court that does not include all of the documentation or other information required by Subsection (a), the commissioners court or the court's designee shall, not later than the 10th business day after the date the commissioners court receives the application, notify the applicant of the missing documents or other information.