By: Wentworth S.B. No. 711
A BILL TO BE ENTITLED
AN ACT
1-1 relating to requiring certain tract owners to execute a maintenance
1-2 bond for certain subdivision improvements.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.003, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
1-7 and entered in the minutes of the commissioners court, and after a
1-8 notice is published in a newspaper of general circulation in the
1-9 county, the commissioners court:
1-10 (1) may:
1-11 (A) [(1)] require a right-of-way on a street or
1-12 road that functions as a main artery in a subdivision, of a width
1-13 of not less than 50 feet or more than 100 feet;
1-14 (B) [(2)] require a right-of-way on any other
1-15 street or road in a subdivision of not less than 40 feet or more
1-16 than 70 feet;
1-17 (C) [(3)] require that the shoulder-to-shoulder
1-18 width on collectors or main arteries within the right-of-way be not
1-19 less than 32 feet or more than 56 feet, and that the
1-20 shoulder-to-shoulder width on any other street or road be not less
1-21 than 25 feet or more than 35 feet;
1-22 (D) [(4)] adopt, based on the amount and kind of
1-23 travel over each street or road in a subdivision, reasonable
1-24 specifications relating to the construction of each street or road;
2-1 (E) [(5)] adopt reasonable specifications to
2-2 provide adequate drainage for each street or road in a subdivision
2-3 in accordance with standard engineering practices;
2-4 (F) [(6)] require that each purchase contract
2-5 made between a subdivider and a purchaser of land in the
2-6 subdivision contain a statement describing the extent to which
2-7 water will be made available to the subdivision and, if it will be
2-8 made available, how and when; and
2-9 (G) [(7)] require that the owner of the tract to
2-10 be subdivided execute a good and sufficient bond prior to plat
2-11 recordation to ensure proper construction of the streets, roads,
2-12 and drainage improvements in the subdivision in the manner provided
2-13 by Section 232.004; and
2-14 (2) may 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)
3-1 when the county approves the final construction of the streets,
3-2 roads, and drainage improvements [unless an alternative financial
3-3 guarantee is provided under Section 232.0045].
3-4 (b) A [The] bond required under Section 232.003 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 and
3-10 streets in the subdivision, but not to exceed the estimated cost of
3-11 construction of the roads and streets;]
3-12 [(3)] be executed with sureties as may be approved by
3-13 the court; and
3-14 (3) [(4)] be executed by a company authorized to do
3-15 business as a surety in this state if the court requires a surety
3-16 bond executed by a corporate surety.
3-17 (c) A bond required under Section 232.003(1) must:
3-18 (1) be in an amount determined by the commissioners
3-19 court to be adequate to ensure proper construction of the roads,
3-20 streets, and drainage improvements in the subdivision, but not to
3-21 exceed the estimated cost of construction of the roads, streets,
3-22 and drainage improvements; and
3-23 (2) [(5)] be conditioned that the roads, [and]
3-24 streets, and drainage improvements will be constructed:
3-25 (A) in accordance with the specifications
3-26 adopted by the court; and
4-1 (B) within a reasonable time set by the court.
4-2 (d) A bond required under Section 232.003(2) must be in an
4-3 amount to which the owner and the commissioners court agree is
4-4 adequate to ensure proper maintenance of the streets, roads, and
4-5 drainage improvements in the subdivision for a period of one year
4-6 after the date the county approves the final construction of the
4-7 streets, roads, and drainage improvements.
4-8 SECTION 3. The change in law made by this Act applies only
4-9 to a subdivision of a tract of land and to the owner of the tract
4-10 for which the county approves on or after November 1, 1999, the
4-11 plat subdividing the tract.