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 * * * * *