By Brown of Kaufman H.B. No. 2762
77R7417 JMG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to infrastructure planning in certain 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. 232.121. APPLICABILITY. This subchapter applies only
1-9 to a subdivision of land that is:
1-10 (1) subject to county regulations under Subchapter A;
1-11 and
1-12 (2) located in a county that:
1-13 (A) has a population of 100,000 or more; or
1-14 (B) is adjacent to a county that has a
1-15 population of 100,000 or more and is within the same metropolitan
1-16 statistical area, as designated by the United States Census Bureau,
1-17 as that adjacent county.
1-18 Sec. 232.122. AUTHORITY OF COUNTY. (a) After notice is
1-19 published in a newspaper of general circulation in the county, the
1-20 commissioners court of the county by order may:
1-21 (1) adopt rules governing plats and subdivisions of
1-22 land in the unincorporated area of the county to protect the public
1-23 health, safety, or welfare in the county and promote the safe,
1-24 orderly, and healthful development of the unincorporated area of
2-1 the county;
2-2 (2) require the dedication of land for use as a major
2-3 thoroughfare in accordance with a transportation plan adopted by
2-4 the metropolitan planning organization of the region;
2-5 (3) require the width of a right-of-way on a street or
2-6 road that functions as a major thoroughfare to be 150 feet or less
2-7 unless the requirement is inconsistent with a transportation plan
2-8 described by Subdivision (2);
2-9 (4) adopt reasonable standards for minimum lot
2-10 frontages on county roads and for lot frontages in relation to
2-11 curves in county roads;
2-12 (5) establish building and set-back lines as provided
2-13 by Chapter 233;
2-14 (6) impose impact fees as provided by Chapter 395; and
2-15 (7) impose the utility connection requirements
2-16 prescribed by Section 232.029.
2-17 (b) A building or set-back line established under Subsection
2-18 (a)(5) is not subject to the limitations period prescribed by
2-19 Section 233.004(c).
2-20 Sec. 232.123. CONTRACT WITH DEVELOPER. (a) Notwithstanding
2-21 the competitive sealed bidding procedure prescribed by Chapter 262,
2-22 the commissioners court may enter into a contract with a developer
2-23 of a subdivision or land in the unincorporated area of the county
2-24 to construct public improvements, excluding a building, related to
2-25 the development of the subdivision or land. A contract executed
2-26 under this section that does not meet the requirements of this
2-27 subchapter is governed by Chapter 262, if applicable.
3-1 (b) A developer shall construct public improvements and the
3-2 county shall share the cost of the improvements as provided by the
3-3 contract.
3-4 (c) The contract must establish the proportion of the cost
3-5 the county is obligated to pay at not more than 30 percent of the
3-6 total contract price. The contract may authorize the county to pay
3-7 not more than 100 percent of the total cost for any oversizing of
3-8 improvements required by the county, including increasing the
3-9 capacity of improvements to anticipate future development in the
3-10 area. The county is obligated only for payments as provided by the
3-11 contract.
3-12 (d) The commissioners court by order:
3-13 (1) shall authorize payment under the contract as a
3-14 fixed amount or as a factor or percentage of the total cost; and
3-15 (2) may require provisions in the contract to prevent
3-16 the developer from imposing extra costs or to prevent collusion or
3-17 fraud.
3-18 (e) The developer must execute a performance bond for the
3-19 construction of the public improvements to ensure faithful
3-20 performance of the work in accordance with the plans,
3-21 specifications, and contract documents. The bond must be executed
3-22 by a corporate surety in accordance with Chapter 2253, Government
3-23 Code.
3-24 (f) The county may inspect the developer's books and other
3-25 records related to the construction of public improvements under
3-26 this subchapter.
3-27 Sec. 232.124. PROVISIONS CUMULATIVE. The authority granted
4-1 to a county under this subchapter is cumulative of authority
4-2 granted to a county by this chapter and any other law relating to
4-3 county regulation of subdivisions.
4-4 SECTION 2. Section 395.001(7), Local Government Code, is
4-5 amended to read as follows:
4-6 (7) "Political subdivision" means:
4-7 (A) a municipality;[,]
4-8 (B) a district or authority created under
4-9 Article III, Section 52, or Article XVI, Section 59, of the Texas
4-10 Constitution;
4-11 (C) [, or,] for the purposes set forth by
4-12 Section 395.079, certain counties described by that section; or
4-13 (D) a county authorized to impose an impact fee
4-14 under Subchapter E, Chapter 232.
4-15 SECTION 3. Section 395.011(b), Local Government Code, is
4-16 amended to read as follows:
4-17 (b) Political subdivisions may enact or impose impact fees
4-18 on land within their [corporate] boundaries or extraterritorial
4-19 jurisdictions only by complying with this chapter, except that
4-20 impact fees may not be enacted or imposed in the extraterritorial
4-21 jurisdiction for roadway facilities.
4-22 SECTION 4. Sections 395.016(c) and (d), Local Government
4-23 Code, are amended to read as follows:
4-24 (c) This subsection applies only to impact fees adopted
4-25 after June 20, 1987. For new development which is platted in
4-26 accordance with Subchapter A, Chapter 212, Subchapter A or B,
4-27 Chapter 232, or the subdivision or platting procedures of any other
5-1 [a] political subdivision before the adoption of an impact fee, an
5-2 impact fee may not be collected on any service unit for which a
5-3 valid building permit is issued within one year after the date of
5-4 adoption of the impact fee.
5-5 (d) This subsection applies only to land platted in
5-6 accordance with Subchapter A, Chapter 212, Subchapter A or B,
5-7 Chapter 232, or the subdivision or platting procedures of any other
5-8 [a] political subdivision after adoption of an impact fee adopted
5-9 after June 20, 1987. The political subdivision shall assess the
5-10 impact fees before or at the time of recordation of a subdivision
5-11 plat or other plat under Subchapter A, Chapter 212, Subchapter A or
5-12 B, Chapter 232, or the subdivision or platting ordinance or
5-13 procedures of any other political subdivision in the official
5-14 records of the county clerk of the county in which the tract is
5-15 located. Except as provided by Section 395.019, the political
5-16 subdivision may collect the fees at either the time of recordation
5-17 of the subdivision plat or connection to the political
5-18 subdivision's water or sewer system or at the time the political
5-19 subdivision issues either the building permit or the certificate of
5-20 occupancy.
5-21 SECTION 5. This Act takes effect September 1, 2001.