Section 232.040 - Replatting(a) A subdivision plat must accurately reflect the subdivision as it develops. If there is any change, either by the intentional act of the subdivider or by the forces of nature, including changes in the size or dimension of lots or the direction or condition of the roads, a plat must be revised in accordance with Section 232.041.(b) Except as provided by Subsection (c), a lot in a subdivision may not be sold if the lot lacks water and sewer services as required by this subchapter unless the lot is platted or replatted as required by this subchapter. A subdivider or agent of a subdivider may not transfer a lot through an executory contract or other similar conveyance to evade the requirements of this subchapter. The prohibition in this subsection includes the sale of a lot: (1) by a subdivider who regains possession of a lot previously exempt under Subsection (c) through the exercise of a remedy described in Section 5.064, Property Code; or(2) for which it is shown at a proceeding brought in the district court in which the property is located that the sale of a lot otherwise exempt under Subsection (c) was made for the purpose of evading the requirements of this subchapter.(c) Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot.(d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b).(e) Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291.Tex. Loc. Gov't. Code § 232.040
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 161,Sec. 12.004, eff. 9/1/2013.Amended By Acts 2005, 79th Leg., Ch. 708, Sec. 8, eff. 9/1/2005.Amended by Acts 1999, 76th Leg., ch. 404, Sec. 17, eff. 9/1/1999.Added by Acts 1995, 74th Leg., ch. 979, Sec. 4, eff. 6/16/1995.