The Red Book
Selected Texas Laws on Subdivisions,
Colonias, Etc.- 2007
Local Government Code: Part I
Local Government Code: Part II: Chapter 232
Local Government Code: Part III
Property Code
Water Code
Health and Safety Code
Miscellaneous

LOCAL GOVERNMENT CODE

CHAPTER 42. EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES

SUBCHAPTER B. DETERMINATION OF EXTRATERRITORIAL JURISDICTION

§ 42.021. Extent of Extraterritorial Jurisdiction

(a) The extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:

    (1) within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants;
    (2) within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants;
    (3) within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants;
    (4) within 3 1/2 miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or
    (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants.

(b) Regardless of Subsection (a), the extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within five miles of those boundaries on the barrier island if the municipality has:

    (1) a population of 2,000 or more; and
    (2) territory located:
      (A) entirely on a barrier island in the Gulf of Mexico; and
      (B) within 30 miles of an international border.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987., Amended by HB 3325, eff. June 15, 2007.

NOTE: In border counties, for a city with a population of 5,000 or more (according to the most recent federal decennial census), the city's extraterritorial jurisdiction is extended by Local Govt. Code § 212.001 to five miles for the purposes of subdivision regulation under Subchapter A, Chapter 212, Local Government Code.


§ 212.001. Definitions

In this subchapter:

(1) "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits.

(2) "Plat" includes a replat.

Added by Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987., Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989.

NOTE: Under Texas Government Code § 311.005 (3), "Population" means the population shown by the most recent federal decennial census.


LOCAL GOVERNMENT CODE

CHAPTER 41. MUNICIPAL BOUNDARIES

§ 41.001. Map of Municipal Boundaries and Extraterritorial Jurisdiction

(a) Each municipality shall prepare a map that shows the boundaries of the municipality and of its extraterritorial jurisdiction. A copy of the map shall be kept in the office of the secretary or clerk of the municipality. If the municipality has a municipal engineer, a copy of the map shall also be kept in the office of the engineer.

(b) If the municipality annexes territory, the map shall be immediately corrected to include the annexed territory. The map shall be annotated to indicate:

    (1) the date of annexation;
    (2) the number of the annexation ordinance, if any; and
    (3) a reference to the minutes or municipal ordinance records in which the ordinance is recorded in full.

(c) If the municipality's extraterritorial jurisdiction is expanded or reduced, the map shall be immediately corrected to indicate the change in the municipality's extraterritorial jurisdiction. The map shall be annotated to indicate:

    (1) the date the municipality's extraterritorial jurisdiction was changed;
    (2) the number of the ordinance or resolution, if any, by which the change was made; and
    (3) a reference to the minutes or municipal ordinance or resolution records in which the ordinance or resolution is recorded in full.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 970, § 1, eff. Sept. 1, 1997.


§ 41.0015. Notice of Municipal Boundary Change

(a) If an area is annexed to or disannexed from a municipality, the mayor or other presiding officer of the governing body of the municipality shall, within 30 days after the date of preclearance under Section 5, Federal Voting Rights Act (42 U.S.C. Sec. 1973c), of the annexation or disannexation, send to the county clerk of each county in which the municipality is located a certified copy of documents showing the change in boundaries.

(b) The county shall promptly correct to reflect the change in municipal boundaries any official county map kept by the county that would be affected by the change.

Added by Acts 1989, 71st Leg., ch. 1160, § 1, eff. Aug. 28, 1989.


CHAPTER 43. MUNICIPAL ANNEXATION

§ 43.907. Effect of Annexation on Colonias

(a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that:

    (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or
    (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs.

(b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred.

Added by Acts 1999, 76th Leg., ch. 218, § 1, eff. Sept. 1, 1999.
Renumbered from § 43.905 by Acts 2001, 77th Leg., ch. 1420, § 21.001 (84), eff. Sept. 1, 2001., Amended by SB 99, eff. June 15, 2007.


LOCAL GOVERNMENT CODE

CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION

Section
242.001. Regulation of Subdivisions in Extraterritorial Jurisdiction Generally.
242.0015. Arbitration Regarding Subdivision Regulation Agreement.
242.002. Regulation of Subdivisions in Populous Counties or Contiguous Counties.


§ 242.001. Regulation of Subdivisions in Extraterritorial Jurisdiction Generally

(a) This section applies only to a county operating under Sections 232.001-232.005 or Subchapter B, C, or E, Chapter 232, and a municipality that has extraterritorial jurisdiction in that county. Subsections (b)-(g) do not apply:

    (1) within a county that contains extraterritorial jurisdiction of a municipality with a population of 1.9 million or more;
    (2) within a county within 50 miles of an international border, or to which Subchapter C, Chapter 232, applies; or
    (3) to a tract of land subject to a development agreement under Subchapter G, Chapter 212, or other provisions of this code.

(b) For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a plat may not be filed with the county clerk without the approval of the governmental entity authorized under Subsection (c) or (d) to regulate subdivisions in the area.

(c) Except as provided by Subsections (d)(3) and (4), a municipality and a county may not both regulate subdivisions and approve related permits in the extraterritorial jurisdiction of a municipality after an agreement under Subsection (d) is executed. The municipality and the county shall enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction. For a municipality in existence on September 1, 2001, the municipality and county shall enter into a written agreement under this subsection on or before April 1, 2002. For a municipality incorporated after September 1, 2001, the municipality and county shall enter into a written agreement under this subsection not later than the 120th day after the date the municipality incorporates. On reaching an agreement, the municipality and county shall certify that the agreement complies with the requirements of this chapter. The municipality and the county shall adopt the agreement by order, ordinance, or resolution. The agreement must be amended by the municipality and the county if necessary to take into account an expansion or reduction in the extraterritorial jurisdiction of the municipality. The municipality shall notify the county of any expansion or reduction in themunicipality's extraterritorial jurisdiction. Any expansion or reduction in the municipality's extraterritorial jurisdiction that affects property that is subject to a preliminary or final plat, a plat application, or an application for a related permit filed with the municipality or the county or that was previously approved under Section 212.009 or Chapter 232 does not affect any rights accrued under Chapter 245. The approval of the plat, any permit, a plat application, or an application for a related permit remains effective as provided by Chapter 245 regardless of the change in designation as extraterritorial jurisdiction of the municipality.

(d) An agreement under Subsection (c) may grant the authority to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction of a municipality as follows:

    (1) the municipality may be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction and may regulate subdivisions under Subchapter A of Chapter 212 and other statutes applicable to municipalities;
    (2) the county may be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction and may regulate subdivisions under Sections 232.001-232.005, Subchapter B or C, Chapter 232, and other statutes applicable to counties;
    (3) the municipality and the county may apportion the area within the extraterritorial jurisdiction of the municipality with the municipality regulating subdivision plats and approving related permits in the area assigned to the municipality and the county regulating subdivision plats and approving related permits in the area assigned to the county; or
    (4) the municipality and the county may enter into an interlocal agreement that:
      (A) establishes one office that is authorized to:
        (i) accept plat applications for tracts of land located in the extraterritorial jurisdiction;
        (ii) collect municipal and county plat application fees in a lump-sum amount; and
        (iii) provide applicants one response indicating approval or denial of the plat application; and
      (B) establishes a single set of consolidated and consistent regulations related to plats, subdivision construction plans, and subdivisions of land as authorized by Chapter 212, Sections 232.001-232.005, Subchapters B and C, Chapter 232, and other statutes applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction.

(e) In an unincorporated area outside the extraterritorial jurisdiction of a municipality, the municipality may not regulate subdivisions or approve the filing of plats, except as provided by The Interlocal Cooperation Act, Chapter 791, Government Code.

(f) If a certified agreement between a county and municipality as required by Subsection (c) is not in effect on or before the applicable date prescribed by Section 242.0015(a), the municipality and the county must enter into arbitration as provided by Section 242.0015. If the arbitrator or arbitration panel, as applicable, has not reached a decision in the 60-day period as provided by Section 242.0015, the arbitrator or arbitration panel, as applicable, shall issue an interim decision regarding the regulation of plats and subdivisions and approval of related permits in the extraterritorial jurisdiction of the municipality. The interim decision shall provide for a single set of regulations and authorize a single entity to regulate plats and subdivisions. The interim decision remains in effect only until the arbitrator or arbitration panel reaches a final decision.

(g) If a regulation or agreement adopted under this section relating to plats and subdivisions of land or subdivision development establishes a plan for future roads that conflicts with a proposal or plan for future roads adopted by a metropolitan planning organization, the proposal or plan of the metropolitan planning organization prevails

(h) This subsection applies only to a county to which Subsections (b)-(g) do not apply, except that this subsection does not apply to a county subject to Section 242.002. For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a plat may not be filed with the county clerk without the approval of both the municipality and the county. If a municipal regulation and a county regulation relating to plats and subdivisions of land conflict, the more stringent regulation prevails. However, if one governmental entity requires a plat to be filed for the subdivision of a particular tract of land in the extraterritorial jurisdiction of the municipality and the other governmental entity does not require the filing of a plat for that subdivision, the authority responsible for approving plats for the governmental entity that does not require the filing shall issue on request of the subdivider a written certification stating that a plat is not required to be filed for that subdivision of the land. The certification must be attached to a plat required to be filed under this subsection.

(i) Property subject to pending approval of a preliminary or final plat application filed after September 1, 2002, that is released from the extraterritorial jurisdiction of a municipality shall be subject only to county approval of the plat application and related permits and county regulation of that plat. This subsection does not apply to the simultaneous exchange of extraterritorial jurisdiction between two or more municipalities or an exchange of extraterritorial jurisdiction that is contingent on the subsequent approval by the releasing municipality.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, §§ 46(c), 87(n), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1428, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 404, § 26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., chs. 736, § 2, and 1028, § 1, eff. Sept. 1, 2001.; Acts 2003, 78th Leg., ch. 523, § 1, 3(a), 4, eff. June 20, 2003.


§ 242.0015. Arbitration Regarding Subdivision Regulation Agreement.

(a) This section applies only to a county and a municipality that are required to make an agreement as described under Section 242.001(f). If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends 3.5 miles or more from the corporate boundaries of the municipality is not in effect on or before January 1, 2004, the parties must arbitrate the disputed issues. If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends less than 3.5 miles from the corporate boundaries of the municipality is not in effect on or before January 1, 2006, the parties must arbitrate the disputed issues. A party may not refuse to participate in arbitration requested under this section. An arbitration decision under this section is binding on the parties.

(b) The county and the municipality must agree on an individual to serve as arbitrator. If the county and the municipality cannot agree on an individual to serve as arbitrator, the county and the municipality shall each select an arbitrator and the arbitrators selected shall select a third arbitrator.

(c) The third arbitrator selected under Subsection (b) presides over the arbitration panel.

(d) Not later than the 30th day after the date the county and the municipality are required to have an agreement in effect under Section 242.001(f), the arbitrator or arbitration panel, as applicable, must be selected.

(e) The authority of the arbitrator or arbitration panel is limited to issuing a decision relating only to the disputed issues between the county and the municipality regarding the authority of the county or municipality to regulate plats, subdivisions, or development plans.

(f) Each party is equally liable for the costs of an arbitration conducted under this section.

(g) The arbitrator or arbitration panel, as applicable, shall render a decision under this section not later than the 60th day after the date the arbitrator or arbitration panel is selected. If after a good faith effort the arbitrator or panel has not reached a decision as provided under this subsection, the arbitrator or panel shall continue to arbitrate the matter until the arbitrator or panel reaches a decision.

(h) A municipality and a county may not arbitrate the subdivision of an individual plat under this section.

Added by Acts 2003, 78th Leg., ch. 523, § 5, eff. June 20, 2003.


§ 242.002. Regulation of Subdivisions in Populous Counties or Contiguous Counties

(a) This section applies only to a county operating under Section 232.006.

(b) For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a subdivision plat may not be filed with the county clerk without the approval of the municipality.

(c) In the extraterritorial jurisdiction of a municipality, the municipality has exclusive authority to regulate subdivisions under Subchapter A of Chapter 212 and other statutes applicable to municipalities.

(d) In an unincorporated area outside the extraterritorial jurisdiction of a municipality, the municipality may not regulate subdivisions or approve the filing of plats, except as provided by The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, §§ 46(d), 87(o), eff. Aug. 28, 1989.; Acts 2001, 77th Leg., ch. 669, § 77, eff. Sept. 1, 2001


CHAPTER 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT

SUBCHAPTER A. REGULATION OF SUBDIVISIONS

Section
212.001. Definitions.
212.002. Rules.
212.0025. Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction.
212.003. Extension of Rules to Extraterritorial Jurisdiction.
212.004. Plat Required.
212.045. Exception to Plat Requirement; Municipal Determination.
212.046. Exception to Plat Requirement; Certain Property Abutting Aircraft Runway.
212.005. Approval by Municipality Required.
212.006. Authority Responsible for Approval Generally.
212.0065. Delegation of Approval Responsibility.
212.007. Authority Responsible for Approval; Tract in Extraterritorial Jurisdiction of More Than One Municipality.
212.008. Application for Approval.
212.009. Approval Procedure.
212.010. Standards for Approval.
212.0101. Additional Requirements. Use of Groundwater.
212.0105. Water and Sewer Requirements in Certain Counties.
212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties.
212.011. Effect of Approval on Dedication.
212.0115. Certification Regarding Compliance With Plat Requirements.
212.012. Connection of Utilities.
212.013. Vacating Plat.
212.014. Replatting Without Vacating Preceding Plat.
212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions.
212.015. Additional Requirements for Certain Replats.
212.016. Amending Plat.
212.017. Conflict of Interest; Penalty.
212.0175. Enforcement in Certain Counties; Penalty.
212.018. Enforcement in General.

SUBCHAPTER B. REGULATION OF PROPERTY DEVELOPMENT

212.041. Municipality Covered by Subchapter.
212.042. Application of Subchapter A.
212.043. Definitions.
212.044. Plans, Rules, and Ordinances.
212.045. Development Plat Required.
212.046. Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity.
212.047. Approval of Development Plat.
212.048. Effect of Approval on Dedication.
212.049. Building Permits in Extraterritorial Jurisdiction.
212.050. Enforcement; Penalty.

This booklet omits the following subchapters of Chapter 212:

SUBCHAPTER C. DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS
SUBCHAPTER D. REGULATION OF PROPERTY DEVELOPMENT PROHIBITED IN CERTAIN CIRCUMSTANCES
SUBCHAPTER E. MORATORIUM ON PROPERTY DEVELOPMENT IN CERTAIN CIRCUMSTANCES
SUBCHAPTER F. ENFORCEMENT OF LAND USE RESTRICTIONS CONTAINED IN PLATS AND OTHER INSTRUMENTS.
SUBCHAPTER G. AGREEMENT GOVERNING CERTAIN LAND IN A MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS


SUBCHAPTER A. REGULATION OF SUBDIVISIONS§ 212.001. Definitions

In this subchapter:

    (1) "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits.
    (2) "Plat" includes a replat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989.


§ 212.002. Rules

After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.0025. Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction.

The authority of a municipality under this chapter relating to the regulation of plats or subdivisions in the municipality's extraterritorial jurisdiction is subject to any applicable limitation prescribed by an agreement under Section 242.001.

Added by Acts 2003, 78th Leg., ch. 523, § 6, June 20, 2003.


§ 212.003. Extension of Rules to Extraterritorial Jurisdiction

(a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate:

    (1) the use of any building or property for business, industrial, residential, or other purposes;
    (2) the bulk, height, or number of buildings constructed on a particular tract of land;
    (3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;
    (4) the number of residential units that can be built per acre of land; or
    (5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if:
      (A) the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and
      (B) the developed tract of land is:
        (i) located in a county with a population of 2.8 million or more; and
        (ii) served by:
          (a) on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or
          (b) on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water.

(b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction.

(c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 822, § 6, eff. Sept. 1, 1989, Acts 2001, 77th Leg., ch. 68, §1, eff. Sept. 1, 2001.; Acts 2003, 78th Leg., ch. 731, § 3, eff. Sept. 1, 2003.

NOTE: HB 3152 added the provision in subsection (a) above related to municipal restrictions on pumping, extracting, or using groundwater that is an actual or potential threat to human health. Under HB 3152, such municipal restrictions are allowed in association with a "municipal setting designation," which must be made through the procedures set out in new Subchapter W of Chapter 361, Health and Safety Code (§§ 361.801-361.808). See also new Local Govt. Code § 401.005.


§ 212.004. Plat Required

(a) The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.

(b) To be recorded, the plat must:

    (1) describe the subdivision by metes and bounds;
    (2) locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
    (3) state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.

(c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.

(d) The plat must be filed and recorded with the county clerk of the county in which the tract is located.

(e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 624, § 3.02, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1046, § 1, eff. Aug. 30, 1993.


§ 212.0045. Exception to Plat Requirement: Municipal Determination

(a) To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions. A municipality need not require platting for every division of land otherwise within the scope of this subchapter.

(b) In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality.

Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989.


§ 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway

An owner of a tract of land is not required to prepare a plat if the land:

    (1) is located wholly within a municipality with a population of 5,000 or less;
    (2) is divided into parts larger than 2-1/2 acres; and
    (3) abuts any part of an aircraft runway.

Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989.


§ 212.005. Approval by Municipality Required

The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 2, eff. Aug. 30, 1993.


§ 212.006. Authority Responsible for Approval Generally

(a) The municipal authority responsible for approving plats under this subchapter is the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission.

(b) In a municipality with a population of more than 1.5 million, at least two members of the municipal planning commission, but not more than 25 percent of the membership of the commission, must be residents of the area outside the limits of the municipality and in which the municipality exercises its authority to approve subdivision plats.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989.


§ 212.0065. Delegation of Approval Responsibility

(a) The governing body of a municipality may delegate to one or more officers or employees of the municipality or of a utility owned or operated by the municipality the ability to approve:

    (1) amending plats described by Section 212.016;
    (2) minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
    (3) a replat under Section 212.0145 that does not require the creation of any new street or the extension of municipal facilities.

(b) The designated person or persons may, for any reason, elect to present the plat for approval to the municipal authority responsible for approving plats.

(c) The person or persons shall not disapprove the plat and shall be required to refer any plat which the person or persons refuse to approve to the municipal authority responsible for approving plats within the time period specified in Section 212.009.

Added by Acts 1989, 71st Leg., ch. 345, § 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 92, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 566, § 1, eff. June 2, 1997; Acts 1999, 76th Leg., ch. 1130, § 2, eff. June 18, 1999.; Acts 2001, 77th Leg., ch. 402, § 13, eff. Sept. 1, 2001., Amended by HB 2281, eff. June 15, 2007.


§ 212.007. Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More Than One Municipality

(a) For a tract located in the extraterritorial jurisdiction of more than one municipality, the authority responsible for approving a plat under this subchapter is the authority in the municipality with the largest population that under Section 212.006 has approval responsibility. The governing body of that municipality may enter into an agreement with any other affected municipality or with any other municipality having area that, if unincorporated, would be in the extraterritorial jurisdiction of the governing body's municipality delegating to the other municipality the responsibility for plat approval within specified parts of the affected area.

(b) Either party to an agreement under Subsection (a) may revoke the agreement after 20 years have elapsed after the date of the agreement unless the parties agree to a shorter period.

(c) A copy of the agreement shall be filed with the county clerk.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.008. Application for Approval

A person desiring approval of a plat must apply to and file a copy of the plat with the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.009. Approval Procedure

(a) The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period.

(b) If an ordinance requires that a plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall act on the plat within 30 days after the date the plat is approved by the planning commission or is considered approved by the inaction of the commission. A plat is considered approved by the governing body unless it is disapproved within that period.

(c) If a plat is approved, the municipal authority giving the approval shall endorse the plat with a certificate indicating the approval. The certificate must be signed by:

    (1) the authority's presiding officer and attested by the authority's secretary; or
    (2) a majority of the members of the authority.

(d) If the municipal authority responsible for approving plats fails to act on a plat within the prescribed period, the authority on request shall issue a certificate stating the date the plat was filed and that the authority failed to act on the plat within the period. The certificate is effective in place of the endorsement required by Subsection (c).

(e) The municipal authority responsible for approving plats shall maintain a record of each application made to the authority and the authority's action taken on it. On request of an owner of an affected tract, the authority shall certify the reasons for the action taken on an application.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.010. Standards for Approval

(a) The municipal authority responsible for approving plats shall approve a plat if:

    (1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
    (2) it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;
    (3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and
    (4) it conforms to any rules adopted under Section 212.002.

(b) However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by Section 212.0105, if applicable.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989.


§ 212.0101. Additional Requirements: Use of Groundwater

(a) If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the municipal authority responsible for approving plats by ordinance may require the plat application to have attached to it a statement that:

    (1) is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and
    (2) certifies that adequate groundwater is available for the subdivision.

(b) The Texas Commission on Environmental Quality by rule shall establish the appropriate form and content of a certification to be attached to a plat application under this section.

(c) The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in:

    (1) performing groundwater conservation district activities;
    (2) conducting regional water planning;
    (3) maintaining the state's groundwater database; or
    (4) conducting studies for the state related to groundwater.

Added by Acts 1999, 76th Leg., ch. 460, § 1, eff. Sept. 1, 1999., Amended by Acts 2001, 77th Leg., ch. 99, § 2(a), eff. Sept. 1, 2001., Amended by SB 662, eff. Sept. 1, 2007


§ 212.0105. Water and Sewer Requirements in Certain Counties

(a) This section applies only to a person who:

    (1) is the owner of a tract of land in a county in which a political subdivision that is eligible for and has applied for financial assistance through Subchapter K, Chapter 17, Water Code;*
    (2) divides the tract in a manner that creates any lots that are intended for residential purposes and are five acres or less; and
    (3) is required under this subchapter to have a plat prepared for the subdivision.

(b) The owner of the tract:

    (1) must:
      (A) include on the plat or have attached to the plat a document containing a description of the water and sewer service facilities that will be constructed or installed to service the subdivision and a statement of the date by which the facilities will be fully operable; and
      (B) have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities described by the plat or on the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code; or
    (2) must:
      (A) include on the plat a statement that water and sewer service facilities are unnecessary for the subdivision; and
      (B) have attached to the plat a document prepared by an engineer registered to practice in this state certifying that water and sewer service facilities are unnecessary for the subdivision under the model rules adopted under Section 16.343, Water Code.

(c) The governing body of the municipality may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the water and sewer service facilities must be fully operable if the governing body finds the extension is reasonable and not contrary to the public interest. If the facilities are fully operable before the expiration of the extension period, the facilities are considered to have been made fully operable in a timely manner. An extension is not reasonable if it would allow a residence in the subdivision to be inhabited without water or sewer services.

* Water Code, § 17.921 et seq.

Added by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 422, § 7, eff. Sept. 1, 1991.; Acts 2005, 79th Leg., ch. 927, § 13, eff. Sept. 1, 2005.


§ 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties

(a) This section applies only to a person described by Section 212.0105(a).

(b) If the governing body of a municipality in a county described by Section 212.0105(a)(1)(A) or (B) requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Subsection

(c). The bond must:

    (1) be payable to the presiding officer of the governing body or to the presiding officer's successors in office;
    (2) be in an amount determined by the governing body to be adequate to ensure the proper construction or installation of the water and sewer service facilities to service the subdivision but not to exceed the estimated cost of the construction or installation of the facilities;
    (3) be executed with sureties as may be approved by the governing body;
    (4) be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed by a corporate surety; and
    (5) be conditioned that the water and sewer service facilities will be constructed or installed:
      (A) in compliance with the model rules adopted under Section 16.343, Water Code; and
      (B) within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.

(c) In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee.

(d) If a letter of credit is used, it must:

    (1) list as the sole beneficiary the presiding officer of the governing body; and
    (2) be conditioned that the water and sewer service facilities will be constructed or installed:
      (A) in compliance with the model rules adopted under Section 16.343, Water Code; and
      (B) within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.

Added by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989.


§ 212.011. Effect of Approval on Dedication

(a) The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or improvement.

(b) The disapproval of a plat is considered a refusal by the municipality of the offered dedication indicated on the plat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.0115. Certification Regarding Compliance With Plat Requirements

(a) For the purposes of this section, land is considered to be within the jurisdiction of a municipality if the land is located within the limits or in the extraterritorial jurisdiction of the municipality.

(b) On the approval of a plat by the municipal authority responsible for approving plats, the authority shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the authority.

(c) On the written request of an owner of land, a purchaser of real property under contract for deed, executory contract, or other executory conveyance, an entity that provides utility service, or the governing body of the municipality, the municipal authority responsible for approving plats shall make the following determinations regarding the owner's land or the land in which the entity or governing body is interested that is located within the jurisdiction of the municipality:

    (1) whether a plat is required under this subchapter for the land; and
    (2) if a plat is required, whether it has been prepared and whether it has been reviewed and approved by the authority.

(d) The request made under Subsection (c) must identify the land that is the subject of the request.

(e) If the municipal authority responsible for approving plats determines under Subsection (c) that a plat is not required, the authority shall issue to the requesting party a written certification of that determination. If the authority determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the authority, the authority shall issue to the requesting party a written certification of that determination.

(f) The municipal authority responsible for approving plats shall make its determination within 20 days after the date it receives the request under Subsection (c) and shall issue the certificate, if appropriate, within 10 days after the date the determination is made.

(g) If both the municipal planning commission and the governing body of the municipality have authority to approve plats, only one of those entities need make the determinations and issue the certificates required by this section.

(h) The municipal authority responsible for approving plats may adopt rules it considers necessary to administer its functions under this section.

(i) The governing body of a municipality may delegate, in writing, the ability to perform any of the responsibilities under this section to one or more persons. A binding decision of the person or persons under this subsection is appealable to the municipal authority responsible for approving plats.

Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 624, § 3.03, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 567, § 1, eff. June 2, 1997.; Acts 2005, 79th Leg., ch. 978, §1, eff. Sept. 1, 2005.


§ 212.012. Connection of Utilities

(a) Except as provided by Subsection (c), an entity described by Subsection (b) may not serve or connect any land with water, sewer, electricity, gas, or other utility service unless the entity has been presented with or otherwise holds a certificate applicable to the land issued under Section 212.0115.

(b) The prohibition established by Subsection (a) applies only to:

    (1) a municipality and officials of a municipality that provides water, sewer, electricity, gas, or other utility service;
    (2) a municipally owned or municipally operated utility that provides any of those services;
    (3) a public utility that provides any of those services;
    (4) a water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides any of those services;
    (5) a county that provides any of those services; and
    (6) a special district or authority created by or under state law that provides any of those services.

(c) An entity described by Subsection (b) may serve or connect land with water, sewer, electricity, gas, or other utility service regardless of whether the entity is presented with or otherwise holds a certificate applicable to the land issued under Section 212.0115 if:

    (1) the land is covered by a development plat approved under Subchapter B or under an ordinance or rule relating to the development plat;
    (2) the land was first served or connected with service by an entity described by Subsection (b)(1), (b)(2), or (b)(3) before September 1, 1987;
    (3) the land was first served or connected with service by an entity described by Subsection (b)(4), (b)(5), or (b)(6) before September 1, 1989; or
    (4) the municipal authority responsible for approving plats issues a certificate stating that:
      (A) the land:
        (i) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract, before:
          (a) September 1, 1995, in a county defined under Section 232.022(a)(1); or
          (b) September 1, 2005, in a county defined under Section 232.022(a)(2);
        (ii) is located in a subdivision in which the entity has previously provided service;
        (iii) is located outside the limits of the municipality;
        (iv) is located in a county to which Subchapter B, Chapter 232, applies; and
        (v) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before:
          (a) May 1, 1997, in a county defined under Section 232.022(a)(1); or
          (b) September 1, 2005, in a county definded Section 232.022(a)(2); or
      (B) the land was not subdivided after September 1, 1995, in a county defined under section 232.022(a)(1), or September 1, 2005, in a county defined under Section 232.022(a)(2), and:
        (i) water service is available within 750 feet of the subdivided land; or
        (ii) water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.

(d) An entity described by Subsection (b) may provide utility service to land described by Subsection (c)(4)(A) only if the person requesting service:

    (1) is not the land's subdivider or the subdivider's agent; and
    (2) provides to the entity a certificate described by Subsection (c)(4)(A).

(e) A person requesting service may obtain a certificate under Subsection (c)(4)(A) only if the person provides to the municipal authority responsible for approving plats either:

    (1) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 1995, or before September 1, 2005, as applicable, and a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, or on or before September 1, 2005, as applicable; or
    (2) a notarized affidavit by the person requesting service that states that the property was sold or conveyed to that person before September 1, 1995, or before September 1, 2005, as applicable, and that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, or on or before September 1, 2005, as applicable,.

(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if the person provides to the municipal authority responsible for approving plats an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 1995, or after September 1, 2005, as applicable.

(g) On request, the municipal authority responsible for approving plats shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the municipal authority relied in determining the legality of providing service.

(h) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred.

(i) In this section:

    (1) "Foundation" means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests.
    (2) "Subdivider" has the meaning assigned by Section 232.021.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1062, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 404, § 2, eff. Sept. 1, 1999.; Acts 2005, 79th Leg., ch. 708, § 1, eff. Sept. 1, 2005.


§ 212.013. Vacating Plat

(a) The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

(c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.(d) On the execution and recording of the vacating instrument, the vacated plat has no effect.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.014. Replatting Without Vacating Preceding Plat

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 the replat:

    (1) is signed and acknowledged by only the owners of the property being replatted;
    (2) is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and
    (3) does not attempt to amend or remove any covenants or restrictions.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions

(a) A replat of a part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

    (1) is signed and acknowledged by only the owners of the property being replatted; and
    (2) involves only property:
      (A) of less than one acre that fronts an existing street;
      (B) that is owned and used by a nonprofit corporation established to assist children in at-risk situations through volunteer and individualized attention.

(b) An existing covenant or restriction for property that is replatted under this section does not have to be amended or removed if:

    (1) the covenant or restriction was recorded more than 50 years before the date of the replat; and
    (2) the replatted property has been continuously used by the nonprofit corporation for at least 10 years before the date of the replat.

(c) Sections 212.014 and 212.015 do not apply to a replat under this section.

Added by Acts 1999, 76th Leg., ch. 1130, § 1, eff. June 18, 1999.


§ 212.015. Additional Requirements for Certain Replats

(a) In addition to compliance with Section 212.014, a replat without vacation of the preceding plat must conform to the requirements of this section if:

    (1) during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or
    (2) any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

(b) Notice of the hearing required under Section 212.014 shall be given before the 15th day before the date of the hearing by:

    (1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
    (2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality.

(c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing.

(d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be included.

(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 345, §§ 2 to 5, eff. Aug 28, 1989; Acts 1993, 73rd Leg., ch. 1046, § 3, eff. Aug. 30, 1993.


§ 212.016. Amending Plat

(a) The municipal authority responsible for approving plats may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:

    (1) to correct an error in a course or distance shown on the preceding plat;
    (2) to add a course or distance that was omitted on the preceding plat;
    (3) to correct an error in a real property description shown on the preceding plat;
    (4) to indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
    (5) to show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
    (6) to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
    (7) to correct an error in courses and distances of lot lines between two adjacent lots if:
      (A) both lot owners join in the application for amending the plat;
      (B) neither lot is abolished;
      (C) the amendment does not attempt to remove recorded covenants or restrictions; and
      (D) the amendment does not have a material adverse effect on the property rights of the other owners in the plat;
    (8) to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
    (9) to relocate one or more lot lines between one or more adjacent lots if:
      (A) the owners of all those lots join in the application for amending the plat;
      (B) the amendment does not attempt to remove recorded covenants or restrictions; and
      (C) the amendment does not increase the number of lots;
    (10) to make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
      (A) the changes do not affect applicable zoning and other regulations of the municipality;
      (B) the changes do not attempt to amend or remove any covenants or restrictions; and
      (C) the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or
    (11) to replat one or more lots fronting on an existing street if:
      (A) the owners of all those lots join in the application for amending the plat;
      (B) the amendment does not attempt to remove recorded covenants or restrictions;
      (C) the amendment does not increase the number of lots; and
      (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 92, § 2, eff. Aug. 28, 1995.


§ 212.017. Conflict of Interest; Penalty

(a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided. The term does not mean an individual lot in a subdivided tract of land.

(b) A person has a substantial interest in a subdivided tract if the person:

    (1) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more;
    (2) acts as a developer of the tract;
    (3) owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a business entity that:
      (A) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or
      (B) acts as a developer of the tract; or
    (4) receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year.

(c) A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to another person who, under Subsection (b), has a substantial interest in the tract.

(d) If a member of the municipal authority responsible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the municipal secretary or clerk.

(e) A member of the municipal authority responsible for approving plats commits an offense if the member violates Subsection (d). An offense under this subsection is a Class A misdemeanor.

(f) The finding by a court of a violation of this section does not render voidable an action of the municipal authority responsible for approving plats unless the measure would not have passed the municipal authority without the vote of the member who violated this section.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 561, § 38, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.


§ 212.0175. Enforcement in Certain Counties; Penalty

(a) The attorney general may take any action necessary to enforce a requirement imposed by or under Section 212.0105 or 212.0106 or to ensure that water and sewer service facilities are constructed or installed to service a Subdivision in compliance with the model rules adopted under Section 16.343, Water Code.

(b) A person who violates Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on the plat or on the document attached to the plat, as required by Section 212.0105, is subject to a civil penalty of not less than $500 nor more than $1,000 plus court costs and attorney's fees.

(c) An owner of a tract of land commits an offense if the owner knowingly or intentionally violates a requirement imposed by or under Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on a plat or on a document attached to a plat, as required by Section 212.0105. An offense under this subsection is a Class B misdemeanor.

(d) A reference in this section to an "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land.

Added by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989.


§ 212.018. Enforcement in General

(a) At the request of the governing body of the municipality, the municipal attorney or any other attorney representing the municipality may file an action in a court of competent jurisdiction to:

    (1) enjoin the violation or threatened violation by the owner of a tract of land of a requirement regarding the tract and established by, or adopted by the governing body under, this subchapter; or
    (2) recover damages from the owner of a tract of land in an amount adequate for the municipality to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the tract and established by, or adopted by the governing body under, this subchapter.

(b) A reference in this section to an "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land.

Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989.


SUBCHAPTER B. REGULATION OF PROPERTY DEVELOPMENT

§ 212.041. Municipality Covered by Subchapter

This subchapter applies only to a municipality whose governing body chooses by ordinance to be covered by this subchapter or chose by ordinance to be covered by the law codified by this subchapter.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 125, § 1, eff. May 11, 1993; Acts 1993, 73rd Leg., ch. 1046, § 4, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, § 10.04, eff. Sept. 1, 1995.


§ 212.042. Application of Subchapter A

The provisions of Subchapter A that do not conflict with this subchapter apply to development plats.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.043. Definitions

In this subchapter:

    (1) "Development" means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement.
    (2) "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.044. Plans, Rules, and Ordinances

After a public hearing on the matter, the municipality may adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.045. Development Plat Required

(a) Any person who proposes the development of a tract of land located within the limits or in the extraterritorial jurisdiction of the municipality must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the municipality.

(b) A development plat must be prepared by a registered professional land surveyor as a boundary survey showing:

    (1) each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
    (2) each easement and right-of-way within or abutting the boundary of the surveyed property; and
    (3) the dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.

(c) New development may not begin on the property until the development plat is filed with and approved by the municipality in accordance with Section 212.047.

(d) If a person is required under Subchapter A or an ordinance of the municipality to file a subdivision plat, a development plat is not required in addition to the subdivision plat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1091, § 28, eff. Sept. 1, 1989.


§ 212.046. Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity

The municipality, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved by the municipality in accordance with Section 212.047.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.047. Approval of Development Plat

The municipality shall endorse approval on a development plat filed with it if the plat conforms to:

    (1) the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities;
    (2) the general plans, rules, and ordinances for the extension of the municipality or the extension, improvement, or widening of its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
    (3) any general plans, rules, or ordinances adopted under Section 212.044.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.048. Effect of Approval on Dedication

The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the municipality any duty regarding the maintenance or improvement of any purportedly dedicated parts until the municipality's governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.049. Building Permits in Extraterritorial Jurisdiction

This subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


§ 212.050. Enforcement; Penalty

(a) If it appears that a violation or threat of a violation of this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter exists, the municipality is entitled to appropriate injunctive relief against the person who committed, is committing, or is threatening to commit the violation.

(b) A suit for injunctive relief may be brought in the county in which the defendant resides, the county in which the violation or threat of violation occurs, or any county in which the municipality is wholly or partly located.

(c) In a suit to enjoin a violation or threat of a violation of this subchapter or a plan, rule, ordinance, or other order adopted under this subchapter, the court may grant the municipality any prohibitory or mandatory injunction warranted by the facts including a temporary restraining order, temporary injunction, or permanent injunction.

(d) A person commits an offense if the person violates this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter within the limits of the municipality. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.

(e) A suit under this section shall be given precedence over all other cases of a different nature on the docket of the trial or appellate court.

(f) It is no defense to a criminal or civil suit under this section that an agency of government other than the municipality issued a license or permit authorizing the construction, repair, or alteration of any building, structure, or improvement. It also is no defense that the defendant had no knowledge of this subchapter or of an applicable plan, rule, or ordinance.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.


CHAPTER 214. MUNICIPAL REGULATION OF STRUCTURES

SUBCHAPTER G. BUILDING AND REHABILITATION CODES

Heading as amended by SB 283, eff. Sept. 1, 2003.

§ 214.211. Definitions

In this subchapter:

    (1) "International Residential Code" means the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council.
    (2) "National Electrical Code" means the electrical code published by the National Fire Protection Association.
    (3) "Residential" means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling, and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.
    (4) "International Building Code" means the International Building Code promulgated by the International Code Council.
    (5) "Commercial" means a building for the use or occupation of people for:
      (A) a public purpose or economic gain; or
      (B) a residence if the building is a multifamily residence that is not defined as residential by this section

Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002.; Amended by Acts 2005, 79th Leg., ch. 389, § 1, eff. Jan. 1, 2006.


§ 214.212. International Residential Code

(a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state.

(b) The International Residential Code applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality.

(c) A municipality may establish procedures:

    (1) to adopt local amendments to the International Residential Code; and
    (2) for the administration and enforcement of the International Residential Code.

(d) A municipality may review and consider amendments made by the International Code Council to the International Residential Code after May 1, 2001.

Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002.


§ 214.213. Exceptions

(a) The International Residential Code and the International Building Code do not apply to the installation and maintenance of electrical wiring and related components.

(b) A municipality is not required to review and consider adoption of amendments to the International Residential Code or the International Building Code regarding electrical provisions.

Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002.; Amended by Acts 2005, 79th Leg., ch. 389, § 2, eff. Jan. 1, 2006.


§ 214.214. National Electrical Code

(a) Except as provided by Subsection (c), the National Electrical Code, as it existed on May 1, 2001, is adopted as the municipal electrical construction code in this state and applies to all residential and commercial electrical construction applications.

(b) A municipality may establish procedures:

    (1) to adopt local amendments to the National Electrical Code; and
    (2) for the administration and enforcement of the National Electrical Code.

(c) The National Electrical Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commericial buildings.

Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002.
Amended by Acts 2005, 79th Leg., ch. 389, § 3, eff. Jan. 1, 2006.


§ 214.215. Adoption of Rehabilitation Codes or Provisions

(a) In this section, "rehabilitation" means the alteration, remodeling, enlargement, or repair of an existing structure. (b) A municipality that adopts a building code, other than the International Residential Code adopted under Section 214.212, shall adopt one of the following:

    (1) prescriptive provisions for rehabilitation as part of the municipality's building code; or
    (2) the rehabilitation code that accompanies the building code adopted by the municipality.

(c) The rehabilitation code or prescriptive provisions do not apply to the rehabilitation of a structure to which the International Residential Code applies or to the construction of a new structure.

(d) A municipality may:

    (1) adopt the rehabilitation code or prescriptive provisions for rehabilitation recommended by the Texas Board of Architectural Examiners; or
    (2) amend its rehabilitation code or prescriptive provisions for rehabilitation.

(e) A municipality shall enforce the prescriptive provisions for rehabilitation or the rehabilitation code in a manner consistent with the enforcement of the municipality's building code.

Added by Acts 2003, 78th Leg., ch. 331. § 6.02, eff. Sept. 1, 2003.

Revised: May 06 2010