This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 3232
 
 
 
 
AN ACT
  relating to certain subdivision golf courses.
         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 212.0155 to read as follows:
         Sec. 212.0155.  ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS
  AFFECTING A SUBDIVISION GOLF COURSE. (a)  This section applies to
  land located wholly or partly in the corporate boundaries of a
  municipality if the municipality:
               (1)  has a population of more than 50,000; and
               (2)  is located wholly or partly in a county:
                     (A)  with a population of more than three million;
  or
                     (B)  with a population of more than 275,000 that
  is adjacent to a county with a population of more than three
  million.
         (b)  In this section:
               (1)  "Management certificate" means a certificate
  described by Section 209.004, Property Code.
               (2)  "New plat" means a development plat, replat,
  amending plat, or vacating plat that would change the existing plat
  or the current use of the land that is the subject of the new plat.
               (3)  "Property owners' association" and "restrictive
  covenant" have the meanings assigned by Section 202.001, Property
  Code.
               (4)  "Restrictions," "subdivision," and "owner" have
  the meanings assigned by Section 201.003, Property Code.
               (5)  "Subdivision golf course" means an area of land:
                     (A)  that was originally developed as a golf
  course or a country club within a common scheme of development for a
  predominantly residential single-family development project;
                     (B)  that was at any time in the seven years
  preceding the date on which a new plat for the land is filed:
                           (i)  used as a golf course or a country club;
                           (ii)  zoned as a community facility;
                           (iii)  benefited from restrictive covenants
  on adjoining homeowners; or
                           (iv)  designated on a recorded plat as a golf
  course or a country club; and
                     (C)  that is not separated entirely from the
  predominantly residential single-family development project by a
  public street.
         (c)  In addition to any other requirement of this chapter, a
  new plat must conform to the requirements of this section if any of
  the area subject to the new plat is a subdivision golf course. The
  exception in Section 212.004(a) excluding divisions of land into
  parts greater than five acres for platting requirements does not
  apply to a subdivision golf course.
         (d)  A new plat that is subject to this section may not be
  approved until each municipal authority reviewing the new plat
  conducts a public hearing on the matter at which the parties in
  interest and citizens have an adequate opportunity to be heard,
  present evidence, and submit statements or petitions for
  consideration by the municipal authority. The number, location,
  and procedure for the public hearings may be designated by the
  municipal authority for a particular hearing. The municipal
  authority may abate, continue, or reschedule, as the municipal
  authority considers appropriate, any public hearing in order to
  receive a full and complete record on which to make a decision. If
  the new plat would otherwise be administratively approved, the
  municipal planning commission is the approving body for the
  purposes of this section.
         (e)  The municipal authority may not approve the new plat
  without adequate consideration of testimony and the record from the
  public hearings and making the findings required by Subsection (k).
  Not later than the 30th day after the date on which all proceedings
  necessary for the public hearings have concluded, the municipal
  authority shall take action on the application for the new plat.  
  Sections 212.009(a) and (b) do not apply to the approval of plats
  under this section.
         (f)  The municipality may provide notice of the initial
  hearing required by Subsection (d) only after the requirements of
  Subsections (m) and (n) are met.  The notice shall be given before
  the 15th day before the date of the hearing by:
               (1)  publishing notice in an official newspaper or a
  newspaper of general circulation in the county in which the
  municipality is located;
               (2)  providing written notice, with a copy of this
  section attached, by the municipal authority responsible for
  approving plats to:
                     (A)  each property owners' association for each
  neighborhood benefited by the subdivision golf course, as indicated
  in the most recently filed management certificates; and
                     (B)  the owners of lots that are within 200 feet of
  the area subject to the new plat, as indicated:
                           (i)  on the most recently approved municipal
  tax roll; and
                           (ii)  in the most recent online records of
  the central appraisal district of the county in which the lots are
  located; and
               (3)  any other manner determined by the municipal
  authority to be necessary to ensure that full and fair notice is
  provided to all owners of residential single-family lots in the
  general vicinity of the subdivision golf course.
         (g)  The written notice required by Subsection (f)(2) may be
  delivered by depositing the notice, properly addressed with postage
  prepaid, in the United States mail.
         (h)  The cost of providing the notices under Subsection (f)
  shall be paid by the plat applicant.
         (i)  If written instruments protesting the proposed new plat
  are signed by the owners of at least 20 percent of the area of the
  lots or land immediately adjacent to the area covered by a proposed
  new plat and extending 200 feet from that area and are filed with
  the municipal planning commission or the municipality's governing
  body before the conclusion of the public hearings, the proposed new
  plat must receive, to be approved, the affirmative vote of at least
  three-fifths of the members of the municipal planning commission or
  governing body.
         (j)  In computing the percentage of land area under
  Subsection (i), the area of streets and alleys is included.
         (k)  The municipal planning commission or the municipality's
  governing body may not approve a new plat under this section unless
  it determines that:
               (1)  there is adequate existing or planned
  infrastructure to support the future development of the subdivision
  golf course;
               (2)  based on existing or planned facilities, the
  development of the subdivision golf course will not have a
  materially adverse effect on:
                     (A)  traffic, parking, drainage, water, sewer, or
  other utilities;
                     (B)  the health, safety, or general welfare of
  persons in the municipality; or
                     (C)  safe, orderly, and healthful development of
  the municipality;
               (3)  the development of the subdivision golf course
  will not have a materially adverse effect on existing single-family
  property values;
               (4)  the new plat is consistent with all applicable
  land use regulations and restrictive covenants and the
  municipality's land use policies as described by the municipality's
  comprehensive plan or other appropriate public policy documents;
  and
               (5)  if any portion of a previous plat reflected a
  restriction on the subdivision golf course whether:
                     (A)  that restriction is an implied covenant or
  easement benefiting adjacent residential properties; or
                     (B)  the restriction, covenant, or easement has
  been legally released or has expired.
         (l)  The municipal authority may adopt rules to govern the
  platting of a subdivision golf course that do not conflict with this
  section, including rules that require more detailed information
  than is required by Subsection (n) for plans for development and new
  plat applications.
         (m)  The application for a new plat under this section is not
  complete and may not be submitted for review for administrative
  completeness unless the tax certificates required by Section
  12.002(e), Property Code, are attached, notwithstanding that the
  application is for a type of plat other than a plat specified in
  that section.
         (n)  A plan for development or a new plat application for a
  subdivision golf course is not considered to provide fair notice of
  the project and nature of the permit sought unless it contains the
  following information, complete in all material respects:
               (1)  street layout;
               (2)  lot and block layout;
               (3)  number of residential units;
               (4)  location of nonresidential development, by type of
  development;
               (5)  drainage, detention, and retention plans;
               (6)  screening plan for adjacent residential
  properties, including landscaping or fencing; and
               (7)  an analysis of the effect of the project on values
  in the adjacent residential neighborhoods.
         (o)  A municipal authority with authority over platting may
  require as a condition for approval of a plat for a golf course
  that:
               (1)  the area be platted as a restricted reserve for the
  proposed use; and
               (2)  the plat be incorporated into the plat for any
  adjacent residential lots.
         (p)  An owner of a lot that is within 200 feet of a
  subdivision golf course may seek declaratory or injunctive relief
  from a district court to enforce the provisions in this section.
         SECTION 2.  Section 82.051, Property Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  This chapter does not permit development of a
  subdivision golf course, as defined by Section 212.0155(b), Local
  Government Code, without a plat if the plat is otherwise required by
  applicable law. A municipality may require as a condition to the
  development of a previously platted or unplatted subdivision golf
  course that the subdivision golf course be platted or replatted.
         SECTION 3.  (a)  Notwithstanding Chapter 245, Local
  Government Code, the change in law made by Section 212.0155, Local
  Government Code, as added by this Act, applies to approval of a plat
  filed on or after the effective date of this Act or before the
  effective date of this Act if the approval of a plat filed before
  the effective date of this Act is not final. A plat filed and
  approved before the effective date of this Act is governed by the
  law in effect immediately before that date, and that law is
  continued in effect for that purpose.
         (b)  The change in law made by Section 212.0155, Local
  Government Code, as added by this Act, does not apply to a lawsuit
  filed before the effective date of this Act.  That section applies
  to land that is the subject of a lawsuit filed before the effective
  date of this Act on the date the decision in that lawsuit becomes
  final or the suit is otherwise terminated.
         SECTION 4.  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 on the 91st day after the last day of the
  legislative session.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3232 was passed by the House on May 7,
  2007, by the following vote:  Yeas 138, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3232 on May 25, 2007, by the following vote:  Yeas 135, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3232 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 29, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor