§ 232.028 — CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.

Texas § 232.028

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 232.028. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS. (a) On the approval of a plat by the commissioners court, the commissioners court shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the commissioners court.
(b) On the commissioners court's own motion or on the written request of a subdivider, an owner or resident of a lot in a subdivision, or an entity that provides a utility service, the commissioners court shall make the following determinations regarding the land in which the entity or commissioners court is interested that is located within the jurisdiction of the county:
(1) whether a plat has been prepared and whether it has been reviewed and approved by the commissioners court;
(2) whether water service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 and are fully operable;
(3) whether sewer service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 and are fully operable, or if septic systems are used, whether the lot is served by a permitted on-site sewage facility or lots in the subdivision can be adequately and legally served by septic systems under Section 232.023 ; and
(4) whether electrical and gas facilities, if available, have been constructed or installed to service the lot or subdivision under Section 232.023 .
(c) The request made under Subsection (b) must identify the land that is the subject of the request.
(d) Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations under that subsection.
(e) The commissioners court shall make its determinations within 20 days after the date it receives the request under Subsection (b) and shall issue the certificate, if appropriate, within 10 days after the date the determinations are made.
(f) The commissioners court may adopt rules it considers necessary to administer its duties under this section.
(g) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. The amount of the fee may be the greater of $30 or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115 . A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115 .

Legislative History

Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995. Amended by Acts 1999, 76th Leg., ch. 129, Sec. 9, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 779 (H.B. 3834 ), Sec. 1, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 546 (S.B. 1676 ), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1239 (S.B. 2253 ), Sec. 4, eff. June 19, 2009.