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.