H.B. No. 1100
 
 
 
 
AN ACT
  relating to cancellation of a subdivision plat under certain
  circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 232, Local Government
  Code, is amended by adding Section 232.0083 to read as follows:
         Sec. 232.0083.  CANCELLATION OF CERTAIN SUBDIVISION PLATS IF
  EXISTING PLAT OBSOLETE. (a) This section applies only to a
  subdivision for which:
               (1)  a plat has been filed for 75 years or more;
               (2)  the most recent plat describes at least a portion
  of the property as acreage tracts;
               (3)  a previous plat described at least a portion of the
  property as lots and blocks; and
               (4)  the county tax assessor-collector lists the
  property in the subdivision on the tax rolls based on the
  description in the previous plat and assesses taxes on the basis of
  that description.
         (b)  A person owning real property in the subdivision may
  apply to the commissioners court of the county in which the property
  is located for permission to cancel an existing subdivision plat in
  whole or part and to reestablish the property using lots and blocks
  descriptions that, to the extent practicable, are consistent with
  the previous subdivision plat.
         (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
               (2)  each owner or utility whose rights may be
  interfered with has agreed to the cancellation and reestablishment.
         (d)  The commissioners court shall publish notice of an
  application for the cancellation and reestablishment. 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.  The notice must be published in a newspaper that has
  general circulation in the county.
         (e)  If the commissioners court authorizes the cancellation
  and reestablishment, the court by order shall authorize the person
  making the application under this section to record an instrument
  showing the cancellation and reestablishment. The court shall
  enter the order in its minutes.
         SECTION 2.  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. 1100 was passed by the House on April
  27, 2007, by the following vote:  Yeas 132, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1100 was passed by the Senate on May
  17, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor