By Longoria                                           H.B. No. 2642
         76R5774 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring certain tract owners to execute a maintenance
 1-3     bond for certain subdivision improvements.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 232.003, Local Government Code, is
 1-6     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:
1-11                 (1)  may:
1-12                       (A) [(1)]  require a right-of-way on a street or
1-13     road that functions as a main artery in a subdivision, of a width
1-14     of not less than 50 feet or more than 100 feet;
1-15                       (B) [(2)]  require a right-of-way on any other
1-16     street or road in a subdivision of not less than 40 feet or more
1-17     than 70 feet;
1-18                       (C) [(3)]  require that the shoulder-to-shoulder
1-19     width on collectors or main arteries within the right-of-way be not
1-20     less than 32 feet or  more than 56 feet, and that the
1-21     shoulder-to-shoulder width on any other street or road be not less
1-22     than 25 feet or more than 35 feet;
1-23                       (D) [(4)]  adopt, based on the amount and kind of
1-24     travel over each street or road in a subdivision, reasonable
 2-1     specifications relating to the construction of each street or road;
 2-2                       (E) [(5)]  adopt reasonable specifications to
 2-3     provide adequate drainage for each street or road in a subdivision
 2-4     in accordance with  standard engineering practices;
 2-5                       (F) [(6)]  require that each purchase contract
 2-6     made between a subdivider and a purchaser of land in the
 2-7     subdivision contain a statement describing the extent to which
 2-8     water will be made available to the subdivision and, if it will be
 2-9     made available, how and when; and
2-10                       (G) [(7)]  require that the owner of the tract to
2-11     be subdivided execute a good and sufficient bond to ensure proper
2-12     construction of the streets, roads, and drainage improvements in
2-13     the subdivision in the manner provided by Section 232.004; and
2-14                 (2)  shall require that the owner of the tract to be
2-15     subdivided execute a good and sufficient bond to ensure proper
2-16     maintenance of the streets, roads, and drainage improvements in the
2-17     subdivision in the manner provided by Section 232.004.
2-18           SECTION 2.  Section 232.004, Local Government Code, is
2-19     amended to read as follows:
2-20           Sec. 232.004.  BOND REQUIREMENTS.  (a)  Unless an alternative
2-21     financial guarantee is provided under Section 232.0045, [If the
2-22     commissioners court requires] the owner of the tract must:
2-23                 (1)  [to] execute a bond required under Section
2-24     232.003(1)[, the owner must do so] before subdividing the tract;
2-25     and
2-26                 (2)  execute a bond required under Section 232.003(2)
2-27     when the county approves the final construction of the streets,
 3-1     roads, and drainage improvements [unless an alternative financial
 3-2     guarantee is provided under Section 232.0045].
 3-3           (b)  A [The] bond required under Section 232.003 must:
 3-4                 (1)  be payable to the county judge of the county in
 3-5     which the subdivision will be located or to the judge's successors
 3-6     in office;
 3-7                 (2)  [be in an amount determined by the commissioners
 3-8     court to be adequate to ensure proper construction of the roads and
 3-9     streets in the subdivision, but not to exceed the estimated cost of
3-10     construction of the roads and streets;]
3-11                 [(3)]  be executed with sureties as may be approved by
3-12     the court; and
3-13                 (3) [(4)]  be executed by a company authorized to do
3-14     business as a surety in this state if the court requires a surety
3-15     bond executed by a corporate surety.
3-16           (c)  A bond required under Section 232.003(1) must:
3-17                 (1)  be in an amount determined by the commissioners
3-18     court to be adequate to ensure proper construction of the roads,
3-19     streets, and drainage improvements in the subdivision, but not to
3-20     exceed the estimated cost of construction of the roads, streets,
3-21     and drainage improvements; and
3-22                 (2) [(5)]  be conditioned that the roads, [and]
3-23     streets, and drainage improvements will be constructed:
3-24                       (A)  in accordance with the specifications
3-25     adopted by the court; and
3-26                       (B)  within a reasonable time set by the court.
3-27           (d)  A bond required under Section 232.003(2) must be in an
 4-1     amount to which the owner and the commissioners court agree is
 4-2     adequate to ensure proper maintenance of the streets, roads, and
 4-3     drainage improvements in the subdivision for a period of the later
 4-4     of:
 4-5                 (1)  one year after the date the county approves the
 4-6     final construction of the streets, roads, and drainage
 4-7     improvements; or
 4-8                 (2)  the date the commissioners court includes the
 4-9     streets, roads, and drainage improvements in the county road
4-10     system.
4-11           SECTION 3.  The change in law made by this Act applies only
4-12     to a subdivision of a tract of land and to the owner of the tract
4-13     for which the county approves on or after November 1, 1999, the
4-14     plat subdividing the tract.
4-15           SECTION 4.  The importance of this legislation and the
4-16     crowded condition of the calendars in both houses create an
4-17     emergency and an imperative public necessity that the
4-18     constitutional rule requiring bills to be read on three several
4-19     days in each house be suspended, and this rule is hereby suspended.