By:  Lucio                                            S.B. No. 1862

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to power of a county to regulate subdivisions in the

 1-2     unincorporated area of the county.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 232.003, Local Government Code, as

 1-5     amended by Senate Bill 220, Acts of the 71st Legislature, Regular

 1-6     Session, 1989, is amended to read as follows:

 1-7           Sec. 232.003.  Subdivision Requirements.  By an order adopted

 1-8     and entered in the minutes of the commissioners court, and after a

 1-9     notice is published in a newspaper of general circulation in the

1-10     county, the commissioners court may:

1-11                 (1)  require a right-of-way on a street or road that

1-12     functions as a main artery in a subdivision, of a width of not less

1-13     than 50 feet or more than 100 feet;

1-14                 (2)  require a right-of-way on any other street or road

1-15     in a subdivision of not less than 40 feet or more than 70 feet;

1-16                 (3)  require that the shoulder-to-shoulder width on

1-17     collectors or main arteries within the right-of-way be not less

1-18     than 32 feet or more than 56 feet, and that the

1-19     shoulder-to-shoulder width on any other street or road be not less

1-20     than 25 feet or more than 35 feet;

1-21                 (4)  adopt, based on the amount and kind of travel over

 2-1     each street or road in a subdivision, reasonable specifications

 2-2     relating to the construction of each street or road;

 2-3                 (5)  adopt reasonable specifications to provide

 2-4     adequate drainage for each street or road in a subdivision in

 2-5     accordance with standard engineering practices;

 2-6                 (6)  require that each plat required by Section 232.001

 2-7     for a subdivision and that each purchase contract made between a

 2-8     subdivider and a purchaser of land in the subdivision contain a

 2-9     statement describing the extent to which water will be made

2-10     available to the subdivision and, if it will be made available, how

2-11     and when; [and]

2-12                 (7)  adopt standards for the provision of water, sewer,

2-13     electric, and other utility services in a subdivision adequate to

2-14     serve the subdivision and require that the owner of the subdivided

2-15     tract make provision for those services in compliance with the

2-16     standards adopted;

2-17                 (8)  restrict further division of a lot in a

2-18     subdivision after an initial sale of the lot by the owner of the

2-19     subdivided tract to a buyer; and

2-20                 (9)  require that the owner of the tract to be

2-21     subdivided execute a good and sufficient bond in the manner

2-22     provided by Section 232.004.

2-23           SECTION 2.  Section 232.004, Local Government Code, as

2-24     amended by Senate Bill 220, Acts of the 71st Legislature, Regular

2-25     Session, 1989, is amended to read as follows:

 3-1           Sec. 232.004.  Bond Requirements.  If the commissioners court

 3-2     requires the owner of the tract to execute a bond, the owner must

 3-3     do so before subdividing the tract unless an alternative financial

 3-4     guarantee is provided under Section 232.0045.  The bond must:

 3-5                 (1)  be payable to the county judge of the county in

 3-6     which the subdivision will be located or to the judge's successors

 3-7     in office;

 3-8                 (2)  be in an amount determined by the commissioners

 3-9     court to be adequate to ensure proper construction of the roads,

3-10     [and] streets, and utility service facilities in the subdivision,

3-11     but not to exceed the estimated cost of construction of the roads,

3-12     [and] streets, and utility service facilities;

3-13                 (3)  be executed with sureties as may be approved by

3-14     the court;

3-15                 (4)  be executed by a company authorized to do business

3-16     as a surety in this state if the court requires a surety bond

3-17     executed by a corporate surety; and

3-18                 (5)  be conditioned that the roads, [and] streets, and

3-19     utility service facilities will be constructed:

3-20                       (A)  in accordance with the specifications or

3-21     standards adopted by the court; and

3-22                       (B)  within a reasonable time set by the court.

3-23           SECTION 3.  The importance of this legislation and the

3-24     crowded condition of the calendars in both houses create an

3-25     emergency and an imperative public necessity that the

 4-1     constitutional rule requiring bills to be read on three several

 4-2     days in each house be suspended, and this rule is hereby suspended.