Sec. 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.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 422, Sec. 7, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 13, eff. September 1, 2005.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle A - Municipal Regulatory Authority
Chapter 212 - Municipal Regulation of Subdivisions and Property Development
Subchapter A. Regulation of Subdivisions
Section 212.003. Extension of Rules to Extraterritorial Jurisdiction
Section 212.004. Plat Required
Section 212.0045. Exception to Plat Requirement: Municipal Determination
Section 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
Section 212.005. Approval by Municipality Required
Section 212.006. Authority Responsible for Approval Generally
Section 212.0065. Delegation of Approval Responsibility
Section 212.008. Application for Approval
Section 212.0085. Approval Procedure: Applicability
Section 212.009. Approval Procedure: Initial Approval
Section 212.0091. Approval Procedure: Conditional Approval or Disapproval Requirements
Section 212.0093. Approval Procedure: Applicant Response to Conditional Approval or Disapproval
Section 212.0095. Approval Procedure: Approval or Disapproval of Response
Section 212.0096. Approval Procedure: Alternative Approval Process
Section 212.0097. Approval Procedure: Waiver Prohibited
Section 212.0099. Judicial Review of Disapproval
Section 212.010. Standards for Approval
Section 212.0101. Additional Requirements: Use of Groundwater
Section 212.0105. Water and Sewer Requirements in Certain Counties
Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties
Section 212.011. Effect of Approval on Dedication
Section 212.0115. Certification Regarding Compliance With Plat Requirements
Section 212.012. Connection of Utilities
Section 212.013. Vacating Plat
Section 212.014. Replatting Without Vacating Preceding Plat
Section 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
Section 212.0146. Replatting Without Vacating Preceding Plat: Certain Municipalities
Section 212.015. Additional Requirements for Certain Replats
Section 212.0155. Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
Section 212.016. Amending Plat
Section 212.017. Conflict of Interest; Penalty