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.