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