Texas Local Government Code 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 § 232.023 and are fully operable;
(3) whether sewer service facilities have been constructed or installed to service the lot or subdivision under § 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 § 232.023; and
(4) whether electrical and gas facilities, if available, have been constructed or installed to service the lot or subdivision under § 232.023.
Terms Used In Texas Local Government Code 232.028
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 212.0115. A person who obtains a certificate under this section is not required to obtain a certificate under § 212.0115.