ORDER NO. 17858
REQUEST FOR OPINION SY ATTORNEX GENERAL
On this the 21st day of April 1988, upon motion made by
Commissioner Ray, seconded by Commissioner Holland, the Court
unanimously voted to request the County Attorney seek an opinion
from the Attorney General on Section 232.009 of the Local Govern-
ment Code as follows.
As regards Section 232.009 of the Local Government Code, Commis-
sioners' Court requests of the Attorney General the answers to the
following questions:
(1) Section (a) initially speaks of
"A person who has subdivided land that is subject
to the subdivision controls of the County..."
Is such "person" limited only to the original sub-
divider or would it apply to a_y "person" who
wishes to revise a plat?
(2) Section (b) provides for notice to be given to
nondeveloper owners "at the owner's address in
the subdivided tract."
Is notice required to be given to nonresident
owners?
(3) Section (c) requires the Commissioners' Court to
make a finding that (1) "the revision will not
interfere with the established rights of anY owner
of a part of the subdivided land;"
To what extent must the Court go to make such a
finding? (Example - Check deed restrictions for
minimum lot size, etc.?)
As to (1) and (2) above, damage could obviously be done by allow-
ing nondevelopers to subdivide and replat without complying with
this Section. Also, nonresident owners could be damaged if not
notified and have no opportunity to respond.
C~ice o~ T~te County Attorney
Kerr Ciount'
3n E.rI G.rren
Kemi~e. Tez.. 78028
G.~ E. Ker.e~
C.ouni' t~norne~
(512) 896.5338
April 29, 1988
Honorable Jim Mattox
Attorney General of Texas
P. O. Box 12548
Capitol Station
Austin, Texas 78711
Attention: Mr. Rick Gilpin
Opinions Committee
Re: Request for Opinion on Article
232.009, Local Government Code
Dear Sir:
Enclosed please find Commissioners Court Order No. 17858
requesting a specific opinion with regard to certain issues found
in Section 232.009 of the Local Government Code. Please consider
this request to be a request from this office for an
Attorney General's opinion on the matters found therein.
Very truly
GEK/sara
Enclosure as stated
cc: Hon. Danny R. Edwards
County Judge
Kerr County Courthouse
Kerrville, Texas 78028
yours,
f ,f~~y
GARY E. KERSEY
County Attorney

THE STATE OI' TEXAS
COUNTY OP KERB
I, PATRICIA DYE, Clerk of the County
Clerk of the Commissioners' Court of
do hereby certify that the above and
and correct copy of ORDER N0. 17858
Commissioners' Court on the D-day
A. D. 19 88 as the same appears of
of the Minutes of the Commissioners'
Texas.
Court and Ex-Officio
Kerr County, Texas,
foregoing is a true
passed by the
of ~A ril~,
recor ad s manifest,
Court of Kerr County,
Itd TESTIMONY WHEREOF, I have hereunto set my hand and seal
of office at Kerrville, Texas, on this 26th day of April
A. D. 1988. -'~
PATRICIA DYE
Clerk of the County Court
and Ex-officio Clerk of the
Commissioners' Court of Kerr
County, Texas
ORDER N0. 17858
REQUEST FOR OPINION BY ATPORNEY
GII~RAL
4/21/1988
Q, Page 578