77R12868 JMG-F
By Brown of Kaufman H.B. No. 2762
Substitute the following for H.B. No. 2762:
By Turner of Coleman C.S.H.B. No. 2762
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to infrastructure planning in certain urban counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 232, Local Government Code, is amended by
1-5 adding Subchapter E to read as follows:
1-6 SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS
1-7 IN CERTAIN URBAN COUNTIES
1-8 Sec. 232.111. APPLICABILITY. This subchapter applies only
1-9 to the subdivision of land that:
1-10 (1) is subject to county regulation under Subchapter A
1-11 or B; and
1-12 (2) is in a county that:
1-13 (A) has a population of 150,000 or more and is
1-14 adjacent to an international border;
1-15 (B) has a population of 700,000 or more; or
1-16 (C) is adjacent to a county with a population of
1-17 700,000 or more and is within the same metropolitan statistical
1-18 area as that adjacent county, as designated by the United States
1-19 Bureau of the Census.
1-20 Sec. 232.112. RULES. (a) By an order adopted and entered
1-21 in the minutes of the commissioners court, and after a notice is
1-22 published in a newspaper of general circulation in the county, the
1-23 commissioners court may adopt rules governing plats and
1-24 subdivisions of land within the unincorporated area of the county
2-1 to promote the health, safety, morals, or general welfare of the
2-2 county and the safe, orderly, and healthful development of the
2-3 unincorporated area of the county.
2-4 (b) Unless otherwise authorized by state law, a
2-5 commissioners court shall not regulate under this section:
2-6 (1) the use of any building or property for business,
2-7 industrial, residential, or other purposes;
2-8 (2) the bulk, height, or number of buildings
2-9 constructed on a particular tract of land;
2-10 (3) the size of a building that can be constructed on
2-11 a particular tract of land, including without limitation any
2-12 restriction on the ratio of building floor space to the land square
2-13 footage; or
2-14 (4) the number of residential units that can be built
2-15 per acre of land.
2-16 Sec. 232.113. MAJOR THOROUGHFARE PLAN. By an order adopted
2-17 and entered in the minutes of the commissioners court, and after a
2-18 notice is published in a newspaper of general circulation in the
2-19 county, the commissioners court may:
2-20 (1) require that the width of a right-of-way on a
2-21 street or road that functions as a major thoroughfare be not more
2-22 than 120 feet; or
2-23 (2) require that the width of a right-of-way on a
2-24 street or road that functions as a major thoroughfare be more than
2-25 120 feet, if the requirement is consistent with a transportation
2-26 plan adopted by the metropolitan planning organization of the
2-27 region.
3-1 Sec. 232.114. LOT FRONTAGES. By an order adopted and
3-2 entered in the minutes of the commissioners court, and after a
3-3 notice is published in a newspaper of general circulation in the
3-4 county, the commissioners court may adopt reasonable standards for
3-5 minimum lot frontages on county roads and establish reasonable
3-6 standards for the lot frontages in relation to curves in the road.
3-7 Sec. 232.115. SET BACKS. By an order adopted and entered in
3-8 the minutes of the commissioners court, and after a notice is
3-9 published in a newspaper of general circulation in the county, the
3-10 commissioners court may establish reasonable building and set-back
3-11 lines as provided by Chapter 233 without the limitation period
3-12 provided by Section 233.004(c).
3-13 Sec. 232.116. DEVELOPER PARTICIPATION CONTRACTS. (a)
3-14 Without complying with the competitive sealed bidding procedure of
3-15 Chapter 262, a commissioners court may contract with a developer of
3-16 a subdivision or land in the unincorporated area of the county to
3-17 construct public improvements, not including a building, related to
3-18 the development. If the contract does not meet the requirements of
3-19 this subchapter, Chapter 262 applies to the contract if the
3-20 contract would otherwise be governed by that chapter.
3-21 (b) Under the contract, the developer shall construct the
3-22 improvements and the county shall participate in the cost of the
3-23 improvements.
3-24 (c) The contract must establish the limit of participation
3-25 by the county at a level not to exceed 30 percent of the total
3-26 contract price. The contract may also allow participation by the
3-27 county at a level not to exceed 100 percent of the total cost for
4-1 any oversizing of improvements required by the county, including
4-2 but not limited to increased capacity of improvements to anticipate
4-3 other future development in the area. The county is liable only
4-4 for the agreed payment of its share, which shall be determined in
4-5 advance either as a lump sum or as a factor or percentage of the
4-6 total actual cost as determined by an order of the commissioners
4-7 court.
4-8 (d) The developer must execute a performance bond for the
4-9 construction of the improvements to ensure completion of the
4-10 project. The bond must be executed by a corporate surety in
4-11 accordance with Chapter 2253, Government Code.
4-12 (e) In the order adopted by the commissioners court under
4-13 Subsection (c), the county may include additional safeguards
4-14 against undue loading of cost, collusion, or fraud.
4-15 Sec. 232.117. CONNECTION OF UTILITIES. By an order adopted
4-16 and entered in the minutes of the commissioners court, and after a
4-17 notice is published in a newspaper of general circulation in the
4-18 county, the commissioners court may impose the requirements of
4-19 Section 232.029.
4-20 Sec. 232.118. PROVISIONS CUMULATIVE. The authorities under
4-21 this subchapter are cumulative of and in addition to the
4-22 authorities granted under this chapter and all other laws to
4-23 counties to regulate the subdivision of land.
4-24 SECTION 2. Section 242.001(a), Local Government Code, is
4-25 amended to read as follows:
4-26 (a) This section applies only to a county operating under
4-27 Sections 232.001-232.005 or Subchapter B, C, or E [or C], Chapter
5-1 232.
5-2 SECTION 3. This Act takes effect September 1, 2001.