Texas Local Government Code Title 7, Chapter 212 - Municipal Regulation Of Subdivisions And Property Development

SUBCHAPTER A REGULATION OF SUBDIVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 212.012 - Connection Of Utilities
  (a) Except as provided by Subsection (c), (d), or (j), an entity described by Subsection (b) may not serve or connect any land with water,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 212.0146 - Replatting Without Vacating Preceding Plat: Certain Municipalities
  (a) This section applies only to a replat of a subdivision or a part of a subdivision located in a municipality or the extraterritorial jurisdiction...
• Texas Section 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:...
• Texas Section 212.0155 - Additional Requirements For Certain Replats Affecting A Subdivision Golf Course
  (a) This section applies to land located wholly or partly: (1) in the corporate boundaries of a municipality if the municipality: (A) has a population...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B REGULATION OF PROPERTY DEVELOPMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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, Sec. 1, eff....
• Texas Section 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"...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER C DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS

• Texas Section 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...
• Texas Section 212.071 - Developer Participation Contract
  Without complying with the competitive sealed bidding procedure of Chapter 252, a municipality with 5,000 or more inhabitants may make a contract with a developer...
• Texas Section 212.072 - Duties Of Parties Under Contract
  (a) Under the contract, the developer shall construct the improvements and the municipality shall participate in their cost. (b) The contract: (1) must establish the...
• Texas Section 212.073 - Performance Bond
  The developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by...

SUBCHAPTER D REGULATION OF PROPERTY DEVELOPMENT PROHIBITED IN CERTAIN CIRCUMSTANCES

• Texas Section 212.074 - Additional Safeguards; Inspection Of Records
  (a) In the ordinance adopted by the municipality under Section 212.072(b), the municipality may include additional safeguards against undue loading of cost, collusion, or fraud....
• Texas Section 212.101 - Application Of Subchapter To Certain Home-rule Municipality
  This subchapter applies only to a home-rule municipality that: (1) has a charter provision allowing for limited-purpose annexation; and (2) has annexed territory for a...
• Texas Section 212.102 - Definitions
  In this subchapter: (1) "Affected area" means an area that is: (A) in a municipality or a municipality's extraterritorial jurisdiction; (B) in a county other...
• Texas Section 212.103 - Traffic Or Traffic Operations
  (a) A municipality may not deny, limit, delay, or condition the use or development of land, any part of which is within an affected area,...
• Texas Section 212.104 - Provision Not Enforceable
  A provision in a covenant or agreement relating to land in an affected area that would have the effect of denying, limiting, delaying, or conditioning...

SUBCHAPTER E MORATORIUM ON PROPERTY DEVELOPMENT IN CERTAIN CIRCUMSTANCES

• Texas Section 212.105 - Subchapter Controls
  This subchapter controls over any other law relating to municipal regulation of land use or development based on traffic. Added by Acts 1997, 75th Leg.,...
• Texas Section 212.131 - Definitions
  In this subchapter: (1) "Essential public facilities" means water, sewer, or storm drainage facilities or street improvements provided by a municipality or private utility. (2)...
• Texas Section 212.132 - Applicability
  This subchapter applies only to a moratorium imposed on property development affecting only residential property, commercial property, or both residential and commercial property. Added by...
• Texas Section 212.133 - Procedure For Adopting Moratorium
  A municipality may not adopt a moratorium on property development unless the municipality: (1) complies with the notice and hearing procedures prescribed by Section 212.134;...
• Texas Section 212.134 - Notice And Public Hearing Requirements
  (a) Before a moratorium on property development may be imposed, a municipality must conduct public hearings as provided by this section. (b) A public hearing...
• Texas Section 212.135 - Justification For Moratorium: Shortage Of Essential Public Facilities; Written Findings Required
  (a) If a municipality adopts a moratorium on property development, the moratorium is justified by demonstrating a need to prevent a shortage of essential public...
• Texas Section 212.1351 - Justification For Moratorium: Significant Need For Public Facilities; Written Findings Required
  (a) Except as provided by Section 212.1352, a moratorium that is not based on a shortage of essential public facilities is justified only by demonstrating...
• Texas Section 212.1352 - Justification For Commercial Moratorium In Certain Circumstances; Written Findings Required
  (a) If a municipality adopts a moratorium on commercial property development that is not based on a demonstrated shortage of essential public facilities, the municipality...
• Texas Section 212.136 - Expiration Of Moratorium; Extension
  A moratorium adopted under Section 212.135 or 212.1351 expires on the 120th day after the date the moratorium is adopted unless the municipality extends the...
• Texas Section 212.1361 - Notice For Extension Required
  A municipality proposing an extension of a moratorium under this subchapter must publish notice in a newspaper of general circulation in the municipality not later...
• Texas Section 212.1362 - Expiration Of Moratorium On Commercial Property In Certain Circumstances; Extension
  (a) A moratorium on commercial property adopted under Section 212.1352 expires on the 90th day after the date the moratorium is adopted unless the municipality...
• Texas Section 212.137 - Waiver Procedures Required
  (a) A moratorium adopted under this subchapter must allow a permit applicant to apply for a waiver from the moratorium relating to the property subject...
• Texas Section 212.138 - Effect On Other Law
  A moratorium adopted under this subchapter does not affect the rights acquired under Chapter 245 or common law. Added by Acts 2001, 77th Leg., ch....

SUBCHAPTER F ENFORCEMENT OF LAND USE RESTRICTIONS CONTAINED IN PLATS AND OTHER INSTRUMENTS

• Texas Section 212.139 - Limitation On Moratorium
  (a) A moratorium adopted under this subchapter does not affect an application for a project in progress under Chapter 245. (b) A municipality may not...
• Texas Section 212.151 - Municipality Covered By Subchapter
  This subchapter applies only to a municipality with a population of 1.5 million or more that passes an ordinance that requires uniform application and enforcement...
• Texas Section 212.152 - Definition
  In this subchapter, "restriction" means a land-use regulation that: (1) affects the character of the use to which real property, including residential and rental property,...
• Texas Section 212.153 - Suit To Enforce Restrictions
  (a) Except as provided by Subsection (b), the municipality may sue in any court of competent jurisdiction to enjoin or abate a violation of a...
• Texas Section 212.1535 - Foreclosure By Property Owners' Association
  (a) A municipality may not participate in a suit or other proceeding to foreclose a property owners' association's lien on real property. (b) In a...
• Texas Section 212.154 - Limitation On Enforcement
  A restriction contained in a plan, plat, or other instrument that was properly recorded before August 30, 1965, may be enforced as provided by Section...
• Texas Section 212.155 - Notice To Purchasers
  (a) The governing body of the municipality may require, in the manner prescribed by law for official action of the municipality, any person who sells...
• Texas Section 212.156 - Enforcement By Ordinance; Civil Penalty
  (a) The governing body of the municipality by ordinance may require compliance with a restriction contained or incorporated by reference in a properly recorded plan,...
• Texas Section 212.157 - Governmental Function
  An action filed by a municipality under this subchapter to enforce a land use restriction is a governmental function of the municipality. Added by Acts...

SUBCHAPTER G AGREEMENT GOVERNING CERTAIN LAND IN A MUNICIPALITYS EXTRATERRITORIAL JURISDICTION

• Texas Section 212.158 - Effect On Other Law
  This subchapter does not prohibit the exhibition, play, or necessary incidental action thereto of a sweepstakes not prohibited by Chapter 622, Business & Commerce Code....
• Texas Section 212.171 - Applicability
  This subchapter does not apply to land located in the extraterritorial jurisdiction of a municipality with a population of 1.9 million or more. Added by...
• Texas Section 212.172 - Development Agreement
  (a) In this subchapter, "extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42. (b) The governing body of a municipality may make...
• Texas Section 212.173 - Certain Coastal Areas
  This subchapter does not apply to, limit, or otherwise affect any ordinance, order, rule, plan, or standard adopted by this state or a state agency,...

SUBCHAPTER Z MISCELLANEOUS PROVISIONS

• Texas Section 212.174 - Municipal Utilities
  A municipality may not require an agreement under this subchapter as a condition for providing water, sewer, electricity, gas, or other utility service from a...
• Texas Section 212.901 - Developer Required To Provide Surety
  (a) To ensure that it will not incur liabilities, a municipality may require, before it gives approval of the plans for a development, that the...
• Texas Section 212.902 - School District Land Development Standards
  (a) This section applies to agreements between school districts and any municipality which has annexed territory for limited purposes. (b) On request by a school...
• Texas Section 212.903 - Construction And Renovation Work On County-owned Buildings Or Facilities In Certain Counties
  (a) This section applies only to a county with a population of 250,000 or more. (b) A municipality is not authorized to require a county...
• Texas Section 212.904 - Apportionment Of Municipal Infrastructure Costs
  (a) If a municipality requires as a condition of approval for a property development project that the developer bear a portion of the costs of...

Last modified: September 28, 2016