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A BILL TO BE ENTITLED
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AN ACT
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relating to approval of subdivision plats, improvement projects, |
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and certain special districts by certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Section 232.012 to read as follows: |
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Sec. 232.012. COUNTY APPROVAL FOR CERTAIN DISTRICTS AND |
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IMPROVEMENTS. (a) This section applies only to: |
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(1) a county with: |
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(A) a population of 100,000 or more; and |
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(B) a total area that is less than 250 square |
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miles; and |
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(2) a district subject to Chapter 49, Water Code, or |
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Chapter 372, of this code, that is: |
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(A) wholly located outside the corporate limits |
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or extraterritorial jurisdiction of a municipality; and |
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(B) located in a county described by Subdivision |
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(1). |
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(b) A plat application submitted to a county subject to this |
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section must include a plan for the provision of emergency |
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services, including public safety, fire suppression, and emergency |
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medical services, to the tract of land. |
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(c) A developer of a subdivision of land outside the |
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corporate limits or extraterritorial jurisdiction of a |
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municipality must obtain the written approval of the commissioners |
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court of the county before finalizing the plans and specifications |
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for an improvement project that is: |
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(1) a road or drainage improvement that is within a |
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plat that is subject to the platting jurisdiction of the county; |
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(2) a road or drainage improvement to be located on the |
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property, right-of-way, or easement of the county; or |
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(3) a dedication of right-of-way of a road or highway |
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by the developer to the county. |
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(d) A copy of the final official statement of bonds issued |
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for an improvement described by Subsection (c) shall be provided by |
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a district or other issuer of the bonds to the county clerk within |
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60 days of the date of closing of the transaction. The official |
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statement shall include a statement on the cover that the bonds are |
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not obligations of the county. |
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(e) A developer of a subdivision of land outside the |
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corporate limits or extraterritorial jurisdiction of a |
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municipality, but within a district, shall include a note on plats |
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that the land is within a district that levies a tax or assessment |
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and that the infrastructure to serve the land is financed, |
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designed, and constructed by the district, not the county. The |
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county shall prescribe the form and wording of the plat note. |
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(f) A district that is subject to Subchapter M, Chapter 49, |
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Water Code, or Section 5.014, Property Code, shall include in the |
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required form of notice to purchasers the following statement: |
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"The district is located in the unincorporated area of the county |
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and not within any city jurisdiction. The infrastructure to serve |
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the property is designed and constructed by the district, and not |
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the county." |
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(g) The creation of a district shall be reviewed by the |
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county as provided by this subsection. Promptly after a petition is |
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filed with the Texas Commission on Environmental Quality or its |
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successor agency to create a district, the commission shall notify |
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the commissioners court of the county. The county shall review the |
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petition and application for creation and other evidence and |
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information relating to the proposed district. In the event the |
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commissioners court votes to submit information to the commission |
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or to make a recommendation regarding the creation of the proposed |
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district, the commissioners court, at least 10 days before the date |
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set for action on the petition, shall provide to the commission a |
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written recommendation and findings, conclusions, and other |
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information supporting the recommendation. The commission shall |
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consider the written opinion submitted by the county. |
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SECTION 2. This Act takes effect September 1, 2023. |