HBA-MPM, NLM, ALS H.B. 1563 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1563 By: Bosse Land & Resource Management 8/11/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, a plat, replat, vacation of a plat, or amendment of a plat on a parcel of real property could be approved by a municipality or a commissioners court even if there were delinquent ad valorem taxes owed on the property. The purpose of H.B. 1563 is to prevent the subdivision of a plat of property until all delinquent property taxes have been paid. H.B. 1563 prohibits a county clerk or deputy from recording a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by the Local Government Code. In addition, this bill prohibits a person from filing for record or having recorded in the county clerk's office a plat or replat of a subdivision of real property unless the plat or replat has attached to it an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property. This provision does not apply if more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.002, Property Code, as follows: (a) Prohibits a county clerk or deputy from recording a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by Subsection (e) or Section 232.023 (Plat Required), Local Government Code, rather than Section 232.0035. Makes nonsubstantive changes. (b) Makes a conforming change. (c) Makes a conforming change. (e) Prohibits a person from filing for record or having recorded in the county clerk's office a plat or replat of a subdivision of real property unless the plat or replat has attached to it an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property. Provides that this subsection does not apply if more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property. (f) Redesignated from existing Subsection (e). Provides that a person commits an offense if the person violates Subsection (e). Makes nonsubstantive changes. (g) Redesignated from existing Subsection (f). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.