SRC-JEC, SEW S.B. 873 77(R)BILL ANALYSIS


Senate Research CenterS.B. 873
By: Lindsay
Intergovernmental Relations
6/5/2001
Enrolled


DIGEST AND PURPOSE 

Current law allows cities to make certain requirements in the development
of infrastructure for subdivisions.  No such provision exists for counties.
S.B. 873 grants counties the authority to: adopt subdivision regulations,
including lot size and setback limitations; enforce a major thoroughfare
plan and establish right of way; require possession of a plat compliance
certificate before utility hookups; and enact other regulations relevant to
responsible development. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioners court in
SECTION 1 (Section 232.101, Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 232, Local Government Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  INFRASTRUCTURE PLANNING PROVISIONS IN CERTAIN URBAN COUNTIES

Sec. 232.100.  APPLICABILITY.  Provides that this subchapter applies only
to the subdivision of land that meets certain requirements. 

Sec. 232.101.  RULES.  Authorizes the commissioners court, by an order
adopted and entered in the minutes of the commissioners court, and after a
notice is published in a newspaper of general circulation in the county, to
adopt rules governing plats and subdivisions of land within the
unincorporated area of the county for certain stated purposes.  Sets forth
aspects of building in the unincorporated area that the commissioners court
is prohibited from regulating under this section except as otherwise
authorized by state law.  Provides that the authority granted under this
section is subject to the exemptions to plat requirements provided for in
Section 232.0015. 

Sec. 232.102.  MAJOR THOROUGHFARE PLAN.  Authorizes the commissioners
court, under certain conditions, to establish certain requirements
regarding major thoroughfares. 

Sec. 232.103.  LOT FRONTAGES.  Authorizes the commissioners court, under
certain conditions, to adopt reasonable standards for minimum lot frontages
on existing county roads, and establish reasonable standards for the lot
frontages in relation to curves in the road. 

Sec 232.104.  SET-BACKS.  Authorizes the commissioners court, under certain
conditions, to establish building and set back lines as provided by Chapter
233 (Authority of Counties to Establish Building and Set-Back Lines)
without the limitation period provided by Section 233.004(c).   

Sec. 232.105.  DEVELOPER PARTICIPATION CONTRACTS.  (a) Authorizes a
commissioners court, without complying with the competitive sealed bidding
procedure of Chapter 262 (Purchasing and Contracting Authority of
Counties), to make a contract with a developer of a subdivision or land in
the unincorporated area of the county for certain purposes. Provides that,
if the contract does not meet the requirements of this subchapter, Chapter
262 applies to the contract if the contract would otherwise be governed by
that chapter.  

(b) Requires the developer, under the contract, to construct the
improvements and requires the county to participate in the cost of the
improvements. 

(c) Requires the contract to establish the limit of participation by the
county at a level not to exceed 30 percent of the total contract price.
Authorizes the contract to allow participation by the county at a level not
to exceed 100 percent of the total cost for any oversizing of improvements
required by the county, including but not limited to increased capacity of
improvements to anticipate other future development in the area. Provides
that the county is liable only for the agreed payment of its share, which
is required to be determined in advance either as a lump sum or as a factor
or percentage of the total actual cost as determined by an order of the
commissioners court. 

(d) Requires the developer to execute a performance bond for the
construction of the improvements to ensure completion of the project.
Requires the bond to be executed by a corporate surety in accordance with
Chapter 2253, Government Code (Public Work Performance and Payment Bonds).

(e) Authorizes the county, in the order adopted by the commissioners court
under Subsection (c), to include additional safeguards against undue
loading of cost, collusion, or fraud. 

(f) Requires all of the developer's books and other records related to the
project to be available for inspection by the county. 

Sec. 232.106.  CONNECTION OF UTILITIES.  Authorizes the commissioners
court, under certain conditions, to impose the requirements of Section
232.029. 

Sec. 232.107.  PROVISIONS CUMULATIVE.  Provides that the authorities under
this subchapter are cumulative of and in addition to the authorities
granted under this chapter and all other laws to counties to regulate the
subdivision of land. 

SECTION 2.  Amends Sections 242.001 (a)and (c), Local Government Code, to
provide that this section applies only to a county operating under Sections
232.001-232.005 or Chapters 232B, C, or E.  Makes a conforming change. 

SECTION 3.  Effective date: September 1, 2001.  Makes application of this
Act prospective regarding a subdivision of land for which a plat
application is filed on or after September 1, 2001.