S.B. No. 1402
 
 
 
 
AN ACT
  relating to regulation by certain counties of lots in platted
  subdivisions that have remained undeveloped.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 232, Local Government
  Code, is amended by adding Section 232.045 to read as follows:
         Sec. 232.045.  APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS
  TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a)  This section applies
  only to a county with a population of more than 800,000 that is
  adjacent to an international border.
         (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
               (2)  through which the county, to the extent
  practicable, may apply to the subdivision more current street,
  road, drainage, and other infrastructure requirements.
         (c)  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.
         (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. 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 2.  Section 232.045, Local Government Code, as added
  by this Act, does not apply to property that was the subject of a
  settlement agreement and release incorporating an agreed final
  judgment that was effective on or before May 1, 2017, or any
  property that was the subject of an amendment to such settlement
  agreement and release that was subsequently entered into by the
  parties.
         SECTION 3.  This Act takes effect January 1, 2020.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1402 passed the Senate on
  April 23, 2019, by the following vote:  Yeas 24, Nays 7.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1402 passed the House on
  May 14, 2019, by the following vote:  Yeas 129, Nays 12, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor