2, eff. (11) "Subdivide" means to divide the surface area of land into lots intended primarily for residential use. 430 (S.B. 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. 232.106. Sec. (B) more than one utility connection for each single-family residential dwelling located on the property. Texas Transportation Code, Chapter 313. Sec. Sec. 232.0095. 18.36, eff. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. 232.028. 3.04, eff. 1, eff. 2, eff. In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. (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. (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. 3.04, eff. 404, Sec. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. 404, Sec. (4) require platting or replatting under Section 232.040. 232.076. 153, Sec. (c) A subdivider who fails to provide, in the time and manner described in the plat, for the construction or installation of water or sewer service facilities described on the plat or on the document attached to the plat or who otherwise violates this subchapter or a rule or requirement adopted by the commissioners court under this subchapter is subject to a civil penalty of not less than $500 or more than $1,000 for each violation and for each day of a continuing violation but not to exceed $5,000 each day and shall also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit. (2) be conditioned that the owner of the tract of land to be subdivided will construct any roads or streets in the subdivision: (A) in accordance with the specifications adopted by the commissioners court; and. State law governing the powers and duties of utility companies including access to easements and rights-of-way. Sec. (b) If a person submits an incomplete plat application to the planning commission, the planning commission or its designee shall, not later than the 15th business day after the date the planning commission or its designee receives the application, notify the applicant of the missing documents or other information. MAJOR THOROUGHFARE PLAN. Rates will vary and will be posted upon arrival. (l) A utility may provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements of Subsection (k) and that is satisfactory to the commissioners court. Sec. 624, Sec. September 1, 2013. 951 (H.B. 129, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (a) The commissioners court may impose an application fee to cover the cost of the county's review of a subdivision plat and inspection of street, road, and drainage improvements described by the plat. (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. (5) as of January 1, 2021, was not valued for ad valorem taxation as land for agricultural use pursuant to Subchapter C, Chapter 23, Tax Code. (a) In this section: (1) "Manufactured home rental community" means a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease, for a term of less than 60 months without a purchase option, for the installation of manufactured homes for use and occupancy as residences. Added by Acts 1999, 76th Leg., ch. (a) The commissioners court for each county shall adopt and enforce the model rules developed under Section 16.343, Water Code. (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. 927 (H.B. The notice must be published at least three weeks before the date on which action is taken on the application and must direct any person who is interested in the property and who wishes to protest the proposed cancellation and reestablishment to appear at the time specified in the notice. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). June 19, 2009. Subdivision plats are required any time a property or lot is divided or subdivided into 2 or more parts and must be signed and sealed by a licensed professional engineer and a licensed surveyor, reviewed by the local government entity and approved signed by the reviewing authority (Commissioners Court or Executive Director of Infrastructure Services in Bexar County). 232.0034. 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. (d) An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b) if the utility is provided with a certificate issued by the commissioners court that states that: (A) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract before September 1, 2005; (B) is located in a subdivision in which the utility has previously provided service; and, (C) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before September 1, 2005; or. 460, Sec. (B) construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005. The documentation or other information must relate to a requirement authorized under this section or other applicable law. 2(b), eff. Added by Acts 1997, 75th Leg., ch. 5.95(27), eff. (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. (2) abolish a planning commission established under this section. (c) A document filed under Subsection (b) is a public record. 624, Sec. 232.0031. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 232.074. Added by Acts 2019, 86th Leg., R.S., Ch. 232.0085. The commissioners court may only adopt minimum infrastructure standards for ingress and egress access by fire and emergency vehicles that are reasonably necessary. (b) A subdivider who owns a subdivision commits an offense if the subdivider knowingly fails to timely provide for the construction or installation of water or sewer service as required by Section 232.032 or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. 8, eff. (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. (h) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred. (b) A person appointed as a member of the planning commission must be a citizen of the United States and reside in the county. (c) 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 does not lay out a part of the tract described by Section 232.001(a)(3); and. 18, eff. 1676), Sec. September 1, 2005. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS. Section 342.004 of the Texas Health and Safety Code. Sec. 3167), Sec. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c). (a) After a final determination that a platted lot is abandoned, unoccupied, and undeveloped, the county shall bring a civil action to have the lot placed in a receivership. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. Sept. 1, 1999. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. 13, 14, eff. Acts 2007, 80th Leg., R.S., Ch. (f) The commissioners court may adopt rules it considers necessary to administer its duties under this section. 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. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. 7, eff. (b) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court. An offense under this subsection is a Class A misdemeanor. (c) After notice and hearing, the commissioners court may order the cancellation of the existing subdivision plat and the reestablishment of the property in accordance with the application submitted under Subsection (b) if the court finds that: (1) the cancellation and reestablishment does not interfere with the established rights of: (A) any owner of a part of the subdivision; or, (B) a utility company with a right to use a public easement in the subdivision; or. June 16, 1995. (d) 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. (g) A purchaser who makes a deduction under Subsection (f) is not required to reimburse the subdivider for the amount deducted. (2) constitutes notice of the proceeding on any subsequent recipient of any interest in the platted lot who acquires that interest after the filing of the notice. (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. (b) 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 232.078 relating to conflicts of interest. To find your precinct and who represents you, please use the Who Represents Me? 669, Sec. Sec. APPLICABILITY. Part 2 - General Rules of the Statutory County Courts At Law of Bexar County, Texas Rules of Civil Procedure 21(f) Electronic Filing, Part 5 - Criminal District Court Rules (Under Revision), County Clerk's webpage for marriage information, Jury Services webpage for more information. 6, eff. The minutes of the planning commission's proceedings are a public record. View persons arrested in the past 24 hours at the Magistrates Office Search Website. (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. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 232.0291. (a) Except as provided by Subsection (b), 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; (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) If the lot is located in a county defined under Section 232.022(a)(2), a person may only bring suit under Subsection (a) if the person purchased or is purchasing the lot after September 1, 2005. Sec. Restriction Original Unit # 4 Volume 7063 page 148-153. Acts 1987, 70th Leg., ch. 4, eff. (2) the owner of the entire subdivision is able to show that: (A) the owner of the subdivision is able to comply with the minimum state standards and model political subdivision rules developed under Section 16.343, Water Code, including any bonding requirements; or. (a) Before a county may make an administrative determination that a platted lot is abandoned, unoccupied, and undeveloped, the county must: (1) hold a public hearing on the matter; and. 1010 (H.B. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. Sec. (3) the land was not subdivided after September 1, 1995, and: (A) water service is available within 750 feet of the subdivided land; or. 404, Sec. The county is liable only for the agreed payment of its share, which shall be determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by an order of the commissioners court. (b) A person has an interest in a subdivided tract if the person: (1) has an equitable or legal ownership interest in 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. (2) each owner whose rights may be interfered with has agreed to the revision. Added by Acts 1989, 71st Leg., ch. (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. (d) A county may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project. (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. VARIANCES FROM REPLATTING REQUIREMENTS. (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. All net proceeds from the disposition of a lot by the receiver shall be placed in trust and remain in trust for at least three years, unless claimed before the expiration of the trust period. Sept. 1, 1999. Sec. Amended by Acts 1999, 76th Leg., ch. (a) Unless inconsistent with this chapter or other law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver. 2, eff. 1, eff. Rates will vary and will be posted upon arrival. September 1, 2005. "IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED TO BE INTENDED FOR RESIDENTIAL USE. 232.108. (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 notice must: (1) clearly identify the property to be sold; (2) specify the procedures and date for the public auction, sealed bid, or sealed proposal method of sale; (3) state the minimum bid for the property, if any; (4) state any specific financial terms of sale imposed by the receiver; and. Added by Acts 1989, 71st Leg., ch. 345, Sec. (B) the number of single-family, detached dwellings that may be located on a lot. 1599), Sec. 404, Sec. 708 (S.B. 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. 4, eff. (a-1) A division of a tract under Subsection (a) includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. September 1, 2007. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. PLAT REQUIRED. 232.009. CONNECTION OF UTILITIES IN CERTAIN COUNTIES WITHIN 100 MILES OF INTERNATIONAL BORDER. Added by Acts 2003, 78th Leg., ch. (d) If a member of the commissioners court of a county has a substantial interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. 1, eff. requests subdivision plat approval in which the entire property will be subdivided in two or more plat phases or units. Sept. 1, 1999. 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. 2.30, eff. 62, Sec. The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. Added by Acts 1997, 75th Leg., ch. 1, eff. (c) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Section 232.028(b)(2) that adequate water and sewer services have been installed to service the subdivision. DEVELOPER PARTICIPATION CONTRACTS. The instrument must describe the subdivision or the part of it that is canceled. (n) Except as provided by Subsection (o), this section does not prohibit a water or sewer utility from providing water or sewer utility connection or service to a residential dwelling that: (1) is provided water or wastewater facilities under or in conjunction with a federal or state funding program designed to address inadequate water or wastewater facilities in colonias or to residential lots located in a county described by Section 232.022(a)(1); (2) is an existing dwelling identified as an eligible recipient for funding by the funding agency providing adequate water and wastewater facilities or improvements; (3) when connected, will comply with the minimum state standards for both water and sewer facilities and as prescribed by the model subdivision rules adopted under Section 16.343, Water Code; and. 8, eff. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. andrea saget death, for sale by owner mason county, wv,