H.B. No. 1067
 
 
 
 
AN ACT
  relating to subdivision replatting by certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 212, Local Government
  Code, is amended by adding Section 212.0146 to read as follows:
         Sec. 212.0146.  REPLATTING WITHOUT VACATING PRECEDING PLAT:
  CERTAIN MUNICIPALITIES.  (a)  This section applies only to a replat
  of a subdivision or a part of a subdivision located in a
  municipality or the extraterritorial jurisdiction of a
  municipality with a population of 1.9 million or more.
         (b)  A replat of a subdivision or part of a subdivision may be
  recorded and is controlling over the preceding plat without
  vacation of that plat if:
               (1)  the replat is signed and acknowledged by each
  owner and only the owners of the property being replatted;
               (2)  the municipal authority responsible for approving
  plats holds a public hearing on the matter at which parties in
  interest and citizens have an opportunity to be heard;
               (3)  the replat does not amend, remove, or violate, or
  have the effect of amending, removing, or violating, any covenants
  or restrictions that are contained or referenced in a dedicatory
  instrument recorded in the real property records separately from
  the preceding plat or replat;
               (4)  the replat does not attempt to amend, remove, or
  violate, or have the effect of amending, removing, or violating,
  any existing public utility easements without the consent of the
  affected utility companies; and
               (5)  the municipal authority responsible for approving
  plats approves the replat after determining that the replat
  complies with this subchapter and rules adopted under Section
  212.002 and this section in effect at the time the application for
  the replat is filed.
         (c)  The governing body of a municipality may adopt rules
  governing replats, including rules that establish criteria under
  which covenants, restrictions, or plat notations that are contained
  only in the preceding plat or replat without reference in any
  dedicatory instrument recorded in the real property records
  separately from the preceding plat or replat may be amended or
  removed.
         SECTION 2.  (a) This section applies only to a municipality
  with a population of 1.9 million or more that approved the replat or
  attempted replat of a subdivision before the effective date of this
  Act.
         (b)  The governmental acts and proceedings of the
  municipality relating to the approval of a replat or attempted
  replat of a subdivision or a part of a subdivision by the
  municipality are validated as of the dates they occurred. The acts
  and proceedings may not be held invalid because they were not
  performed in accordance with Chapter 212, Local Government Code, or
  other law.
         (c)  The governmental acts and proceedings of the
  municipality occurring after a replat or attempted replat of a
  subdivision or a part of a subdivision by the municipality may not
  be held invalid on the ground that the replat or attempted replat,
  in the absence of this section, was invalid.
         (d)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final
  judgment of a court; or
               (2)  has been held invalid by a final judgment of a
  court.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1067 was passed by the House on April
  13, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1067 on May 17, 2007, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1067 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor