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.