Tex. Local Gov't Code Section 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 (Definitions), Chapter 17 (Public Funding), 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 (Minimum State Standards and Model Political Subdivision Rules), 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 (Minimum State Standards and Model Political Subdivision Rules), 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.

Source: Section 212.0105 — Water and Sewer Requirements in Certain Counties, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­212.­htm#212.­0105 (accessed Mar. 23, 2024).

212.001
Definitions
212.002
Rules
212.003
Extension of Rules to Extraterritorial Jurisdiction
212.004
Plat Required
212.005
Approval by Municipality Required
212.006
Authority Responsible for Approval Generally
212.007
Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More than One Municipality
212.008
Application for Approval
212.009
Approval Procedure: Initial Approval
212.010
Standards for Approval
212.011
Effect of Approval on Dedication
212.012
Connection of Utilities
212.013
Vacating Plat
212.014
Replatting Without Vacating Preceding Plat
212.0015
Construction of Subchapter
212.015
Additional Requirements for Certain Replats
212.016
Amending Plat
212.017
Conflict of Interest
212.018
Enforcement in General
212.0021
Subdivision Requirements
212.0025
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction
212.041
Municipality Covered by Subchapter
212.042
Application of Subchapter a
212.043
Definitions
212.044
Plans, Rules, and Ordinances
212.0045
Exception to Plat Requirement: Municipal Determination
212.045
Development Plat Required
212.0046
Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
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
212.0065
Delegation of Approval Responsibility
212.071
Developer Participation Contract
212.072
Duties of Parties Under Contract
212.073
Performance Bond
212.074
Additional Safeguards
212.0081
Required Application Materials
212.0085
Approval Procedure: Applicability
212.0091
Approval Procedure: Conditional Approval or Disapproval Requirements
212.0093
Approval Procedure: Applicant Response to Conditional Approval or Disapproval
212.0095
Approval Procedure: Approval or Disapproval of Response
212.0096
Approval Procedure: Alternative Approval Process
212.0097
Approval Procedure: Waiver Prohibited
212.0099
Judicial Review of Disapproval
212.0101
Additional Requirements: Use of Groundwater
212.101
Application of Subchapter to Certain Home-rule Municipality
212.102
Definitions
212.103
Traffic or Traffic Operations
212.104
Provision Not Enforceable
212.0105
Water and Sewer Requirements in Certain Counties
212.105
Subchapter Controls
212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties
212.0115
Certification Regarding Compliance with Plat Requirements
212.131
Definitions
212.132
Applicability
212.133
Procedure for Adopting Moratorium
212.134
Notice and Public Hearing Requirements
212.135
Justification for Moratorium: Shortage of Essential Public Facilities
212.136
Expiration of Moratorium
212.137
Waiver Procedures Required
212.138
Effect on Other Law
212.139
Limitation on Moratorium
212.0145
Replatting Without Vacating Preceding Plat: Certain Subdivisions
212.0146
Replatting Without Vacating Preceding Plat: Certain Municipalities
212.151
Municipality Covered by Subchapter
212.152
Definition
212.153
Suit to Enforce Restrictions
212.154
Limitation on Enforcement
212.0155
Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
212.155
Notice to Purchasers
212.156
Enforcement by Ordinance
212.157
Governmental Function
212.158
Effect on Other Law
212.171
Applicability
212.172
Development Agreement
212.173
Certain Coastal Areas
212.174
Municipal Utilities
212.0175
Enforcement in Certain Counties
212.201
Definitions
212.202
Applicability
212.203
Construction
212.204
Exclusive Authority
212.205
Parkland Dedication, Fee, or Combination
212.206
Request for Parkland Dedication Determination
212.207
Parkland Dedication Authority
212.208
Limitation on Parkland Dedication Amount
212.209
Initial Requirements for Determining Fees
212.210
General Requirements for Calculation of Fees
212.211
Requirements Calculation of Fees for Municipalities with Low Fees
212.212
Collection of Fees
212.213
Appeal
212.901
Developer Required to Provide Surety
212.902
School District and Open-enrollment Charter School Land Development Standards
212.903
Construction and Renovation Work on County-owned Buildings or Facilities in Certain Counties
212.904
Apportionment of Municipal Infrastructure Costs
212.905
Regulation of Tree Removal
212.906
Certain Value-based Fees and Disclosure of Certain Information Prohibited
212.1351
Justification for Moratorium: Significant Need for Public Facilities
212.1352
Justification for Commercial Moratorium in Certain Circumstances
212.1361
Notice for Extension Required
212.1362
Expiration of Moratorium on Commercial Property in Certain Circumstances
212.1535
Foreclosure by Property Owners’ Association

Accessed:
Mar. 23, 2024

§ 212.0105’s source at texas​.gov