Sec. 232.009. REVISION OF PLAT. (a) This section applies only to real property located outside municipalities and the extraterritorial jurisdiction of municipalities with a population of 1.5 million or more, as determined under Chapter 42.
(b) A person who owns real property in a tract that has been subdivided and that is subject to the subdivision controls of the county in which the property is located may apply in writing to the commissioners court of the county for permission to revise the subdivision plat that applies to the property and that is filed for record with the county clerk.
(c) Except as provided by Subsection (c-1), after the application is filed with the commissioners court, the court shall publish a notice of the application in a newspaper of general circulation in the county. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of the plat. The notice must be published at least three times during the period that begins on the 30th day and ends on the seventh day before the date of the meeting. Except as provided by Subsection (f), if all or part of the subdivided tract has been sold to nondeveloper owners, the court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address in the subdivided tract.
(c-1) If the commissioners court determines that the revision to the subdivision plat does not affect a public interest or public property of any type, including, but not limited to, a park, school, or road, the notice requirements under Subsection (c) do not apply to the application and the commissioners court shall:
(1) provide written notice of the application to the owners of the lots that are within 200 feet of the subdivision plat to be revised, as indicated in the most recent records of the central appraisal district of the county in which the lots are located; and
(2) if the county maintains an Internet website, post notice of the application continuously on the website for at least 30 days preceding the date of the meeting to consider the application until the day after the meeting.
(d) During a regular term of the commissioners court, the court shall adopt an order to permit the revision of the subdivision plat if it is shown to the court that:
(1) the revision will not interfere with the established rights of any owner of a part of the subdivided land; or
(2) each owner whose rights may be interfered with has agreed to the revision.
(e) If the commissioners court permits a person to revise a subdivision plat, the person may make the revision by filing for record with the county clerk a revised plat or part of a plat that indicates the changes made to the original plat.
(f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts.
(g) The commissioners court may impose a fee for filing an application under this section. The amount of the fee must be based on the cost of processing the application, including publishing the notices required under Subsection (c) or (c-1).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 345, Sec. 6, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 129, Sec. 8, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 523, Sec. 9, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 430 (S.B. 552), Sec. 1, eff. June 14, 2013.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle B - County Regulatory Authority
Chapter 232 - County Regulation of Subdivisions
Subchapter A. Subdivision Platting Requirements in General
Section 232.001. Plat Required
Section 232.0015. Exceptions to Plat Requirement
Section 232.002. Approval by County Required
Section 232.0021. Plat Application Fee
Section 232.0023. Approval Procedure: Applicability
Section 232.0025. Approval Procedure: Timely Approval of Plats and Plans
Section 232.0026. Approval Procedure: Conditional Approval or Disapproval Requirements
Section 232.0027. Approval Procedure: Applicant Response to Conditional Approval or Disapproval
Section 232.0028. Approval Procedure: Approval or Disapproval of Response
Section 232.00285. Development Plan Review
Section 232.0029. Judicial Review of Disapproval
Section 232.003. Subdivision Requirements
Section 232.0031. Standard for Roads in Subdivision
Section 232.0032. Additional Requirements: Use of Groundwater
Section 232.0033. Additional Requirements: Future Transportation Corridors
Section 232.0034. Additional Requirements: Access by Emergency Vehicles
Section 232.004. Bond Requirements
Section 232.0045. Financial Guarantee in Lieu of Bond
Section 232.0048. Conflict of Interest; Penalty
Section 232.005. Enforcement in General; Penalty
Section 232.006. Exceptions for Populous Counties or Contiguous Counties
Section 232.007. Manufactured Home Rental Communities
Section 232.008. Cancellation of Subdivision
Section 232.0083. Cancellation of Certain Subdivision Plats if Existing Plat Obsolete
Section 232.0085. Cancellation of Certain Subdivisions if Land Remains Undeveloped
Section 232.009. Revision of Plat
Section 232.0095. Alternative Procedures for Plat Revision
Section 232.010. Exception to Plat Requirement: County Determination