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County adopts order and forms to record subdivision exemptions under Texas Local Government Code
Summary
The court adopted an order and forms to implement exemptions under Texas Local Government Code §232.0015 for certain large tracts, enabling the county to record orders so buyers are on notice that roads may remain privately maintained.
County staff and the county attorney explained a new administrative order and application form to implement exemptions under Texas Local Government Code §232.0015 for qualifying subdivisions. The change establishes a formal application and recording process so that, when a developer qualifies for the statutory exemption from platting, the county will file an order with the county clerk noting the exemption.
As Michael Guerra (county attorney) explained, the recorded order will put prospective buyers and title companies on notice that the county has no responsibility for maintaining private roads in exempt subdivisions: “the county has no responsibility now or in the future for maintaining this road.” Commissioners discussed prior incidents where developers created private road subdivisions, later left and residents sought county maintenance; speakers emphasized that other county requirements (911 addressing, OSSF/septic permits, driveway cuts) and state rules still apply.
Commissioners voted to adopt the proposed order and forms; staff said each exempt subdivision would receive a separate order to be filed with the county clerk so buyers would receive notice via title work or recorded documents.
