By Dukes H.B. No. 2975 77R7965 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. 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) require the dedication of land for use as a major 1-22 thoroughfare in accordance with a transportation plan adopted by 1-23 the metropolitan planning organization of the region; 1-24 (2) require the width of a right-of-way on a street or 2-1 road that functions as a major thoroughfare to be 150 feet or less 2-2 unless the requirement is inconsistent with a transportation plan 2-3 described by Subdivision (1); and 2-4 (3) impose the utility connection requirements 2-5 prescribed by Section 232.029. 2-6 Sec. 232.123. CONTRACT WITH DEVELOPER. (a) Notwithstanding 2-7 the competitive sealed bidding procedure prescribed by Chapter 262, 2-8 the commissioners court may enter into a contract with a developer 2-9 of a subdivision or land in the unincorporated area of the county 2-10 to construct public improvements, excluding a building, related to 2-11 the development of the subdivision or land. A contract executed 2-12 under this section that does not meet the requirements of this 2-13 subchapter is governed by Chapter 262, if applicable. 2-14 (b) A developer shall construct public improvements and the 2-15 county shall share the cost of the improvements as provided by the 2-16 contract. 2-17 (c) The contract must establish the proportion of the cost 2-18 the county is obligated to pay at not more than 30 percent of the 2-19 total contract price. The contract may authorize the county to pay 2-20 not more than 100 percent of the total cost for any oversizing of 2-21 improvements required by the county, including increasing the 2-22 capacity of improvements to anticipate future development in the 2-23 area. The county is obligated only for payments as provided by the 2-24 contract. 2-25 (d) The commissioners court by order: 2-26 (1) shall authorize payment under the contract as a 2-27 fixed amount or as a factor or percentage of the total cost; and 3-1 (2) may require provisions in the contract to prevent 3-2 the developer from imposing extra costs or to prevent collusion or 3-3 fraud. 3-4 (e) The developer must execute a performance bond for the 3-5 construction of the public improvements to ensure faithful 3-6 performance of the work in accordance with the plans, 3-7 specifications, and contract documents. The bond must be executed 3-8 by a corporate surety in accordance with Chapter 2253, Government 3-9 Code. 3-10 (f) The county may inspect the developer's books and other 3-11 records related to the construction of public improvements under 3-12 this subchapter. 3-13 SECTION 2. This Act takes effect September 1, 2001.