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.