1-1     By:  Wentworth                                         S.B. No. 711
 1-2           (In the Senate - Filed February 25, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; March 29, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; March 29, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to requiring certain tract owners to execute a maintenance
 1-9     bond for certain subdivision improvements.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 232.003, Local Government Code, is
1-12     amended to read as follows:
1-13           Sec. 232.003.  SUBDIVISION REQUIREMENTS.  By an order adopted
1-14     and entered in the minutes of the commissioners court, and after a
1-15     notice is published in a newspaper of general circulation in the
1-16     county, the commissioners court:
1-17                 (1)  may:
1-18                       (A) [(1)]  require a right-of-way on a street or
1-19     road that functions as a main artery in a subdivision, of a width
1-20     of not less than 50 feet or more than 100 feet;
1-21                       (B) [(2)]  require a right-of-way on any other
1-22     street or road in a subdivision of not less than 40 feet or more
1-23     than 70 feet;
1-24                       (C) [(3)]  require that the shoulder-to-shoulder
1-25     width on collectors or main arteries within the right-of-way be not
1-26     less than 32 feet or more than 56 feet, and that the
1-27     shoulder-to-shoulder width on any other street or road be not less
1-28     than 25 feet or more than 35 feet;
1-29                       (D) [(4)]  adopt, based on the amount and kind of
1-30     travel over each street or road in a subdivision, reasonable
1-31     specifications relating to the construction of each street or road;
1-32                       (E) [(5)]  adopt reasonable specifications to
1-33     provide adequate drainage for each street or road in a subdivision
1-34     in accordance with standard engineering practices;
1-35                       (F) [(6)]  require that each purchase contract
1-36     made between a subdivider and a purchaser of land in the
1-37     subdivision contain a statement describing the extent to which
1-38     water will be made available to the subdivision and, if it will be
1-39     made available, how and when; and
1-40                       (G) [(7)]  require that the owner of the tract to
1-41     be subdivided execute a good and sufficient bond to ensure proper
1-42     construction of the streets, roads, and drainage improvements in
1-43     the subdivision in the manner provided by Section 232.004; and
1-44                 (2)  shall require that the owner of the tract to be
1-45     subdivided execute a good and sufficient bond to ensure proper
1-46     maintenance of the streets, roads, and drainage improvements in the
1-47     subdivision in the manner provided by Section 232.004.
1-48           SECTION 2.  Section 232.004, Local Government Code, is
1-49     amended to read as follows:
1-50           Sec. 232.004.  BOND REQUIREMENTS.  (a)  Unless an alternative
1-51     financial guarantee is provided under Section 232.0045, [If the
1-52     commissioners court requires] the owner of the tract must:
1-53                 (1)  [to] execute a bond required under Section
1-54     232.003(1)[, the owner must do so] before subdividing the tract;
1-55     and
1-56                 (2)  execute a bond required under Section 232.003(2)
1-57     when the county approves the final construction of the streets,
1-58     roads, and drainage improvements [unless an alternative financial
1-59     guarantee is provided under Section 232.0045].
1-60           (b)  A [The] bond required under Section 232.003 must:
1-61                 (1)  be payable to the county judge of the county in
1-62     which the subdivision will be located or to the judge's successors
1-63     in office;
1-64                 (2)  [be in an amount determined by the commissioners
 2-1     court to be adequate to ensure proper construction of the roads and
 2-2     streets in the subdivision, but not to exceed the estimated cost of
 2-3     construction of the roads and streets;]
 2-4                 [(3)]  be executed with sureties as may be approved by
 2-5     the court; and
 2-6                 (3) [(4)]  be executed by a company authorized to do
 2-7     business as a surety in this state if the court requires a surety
 2-8     bond executed by a corporate surety.
 2-9           (c)  A bond required under Section 232.003(1) must:
2-10                 (1)  be in an amount determined by the commissioners
2-11     court to be adequate to ensure proper construction of the roads,
2-12     streets, and drainage improvements in the subdivision, but not to
2-13     exceed the estimated cost of construction of the roads, streets,
2-14     and drainage improvements; and
2-15                 (2) [(5)]  be conditioned that the roads, [and]
2-16     streets, and drainage improvements will be constructed:
2-17                       (A)  in accordance with the specifications
2-18     adopted by the court; and
2-19                       (B)  within a reasonable time set by the court.
2-20           (d)  A bond required under Section 232.003(2) must be in an
2-21     amount to which the owner and the commissioners court agree is
2-22     adequate to ensure proper maintenance of the streets, roads, and
2-23     drainage improvements in the subdivision for a period of the later
2-24     of:
2-25                 (1)  one year after the date the county approves the
2-26     final construction of the streets, roads, and drainage
2-27     improvements; or
2-28                 (2)  the date the commissioners court includes the
2-29     streets, roads, and drainage improvements in the county road
2-30     system.
2-31           SECTION 3.  The change in law made by this Act applies only
2-32     to a subdivision of a tract of land and to the owner of the tract
2-33     for which the county approves on or after November 1, 1999, the
2-34     plat subdividing the tract.
2-35                                  * * * * *