85R2834 DMS-D     By: González of El Paso H.B. No. 3924       A BILL TO BE ENTITLED   AN ACT   relating to regulation by certain counties of lots in platted   subdivisions that have remained undeveloped for 25 years or more.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 232, Local Government   Code, is amended by adding Section 232.045 to read as follows:          Sec. 232.045.  APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS   TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. (a)  This section applies   only to a county with a population of more than 800,000 that is   adjacent to an international border.          (b)  A commissioners court by order may implement a process:                (1)  applicable to a subdivision in which 50 percent or   more of the lots are undeveloped or unoccupied on or after the 25th   anniversary of the date the plat for the subdivision was recorded   with the county; and                (2)  through which the county, to the extent   practicable, may apply to the subdivision more current street,   road, drainage, and other infrastructure requirements.          (c)  A regulation or standard adopted by a county under this   section must be no less stringent than the minimum standards and   other requirements under the model rules for safe and sanitary   water supply and sewer services adopted under Section 16.343, Water   Code, and any other minimum public safety standards that would   otherwise be applicable to the subdivision.          (d)  A regulation or standard adopted by a county under this   section applies only to a lot that is owned by an individual, firm,   corporation, or other legal entity that directly or indirectly   offers lots for sale or lease as part of a common promotional plan   in the ordinary course of business, and each regulation or standard   must expressly state that limitation. For the purposes of this   subsection, "common promotional plan" means a plan or scheme of   operation undertaken by a person or a group acting in concert,   either personally or through an agent, to offer for sale or lease   more than two lots when the land is:                (1)  contiguous or part of the same area of land; or                (2)  known, designated, or advertised as a common unit   or by a common name.          SECTION 2.  The county may not apply an order adopted under   Section 232.045, Local Government Code, as added by this Act, to a   subdivision that is the subject of a judicial proceeding pending on   May 1, 2017, to determine whether the subdivision is subject to a   valid and existing subdivision plat.          SECTION 3.  This Act takes effect January 1, 2018.