By Menendez                                           H.B. No. 3308
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to applicability of county road requirements to public and
 1-3     private subdivisions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 232.003, Local Government Code, is amended
 1-6     to read as follows:
 1-7           Sec. 232.003.  SUBDIVISION REQUIREMENTS. By an order adopted
 1-8     and entered in the minutes of the commissioners court, and after
 1-9     notice is published in a newspaper of general circulation in the
1-10     county, the commissioners court may:
1-11                 (1)  require a right-of-way on a street or road that
1-12     functions as a main artery in a subdivision, of a width of not less
1-13     than 50 feet or more than 100 feet;
1-14                 (2)  require a right-of-way on any other street or road
1-15     in a subdivision of not less than 40 feet or more than 70 feet;
1-16                 (3)  require that the shoulder-to-shoulder width on
1-17     collectors or main arteries within the right-of-way be not less
1-18     than 32 feet or more than 56 feet, and that the
1-19     shoulder-to-shoulder width on any street or road be not less than
1-20     25 feet or more than 35 feet;
1-21                 (4)  adopt, based on the amount and kind of travel over
1-22     each street or road in a subdivision, reasonable specifications
1-23     relating to the construction of each street or road;
 2-1                 (5)  adopt reasonable specifications to provide
 2-2     adequate drainage for each street or road in a subdivision in
 2-3     accordance with standard engineering practices;
 2-4                 (6)  require that each purchase contract made between a
 2-5     subdivider and a purchaser of land in the subdivision contain a
 2-6     statement describing the extent to which water will be made
 2-7     available to the subdivision and, if it will be made available, how
 2-8     and when;
 2-9                 (7)  require that the owner of the tract to be
2-10     subdivided execute a good and sufficient bond in the manner
2-11     provided by Section 232.004;
2-12                 (8)  adopt reasonable specifications that provide for
2-13     drainage in the subdivision to:
2-14                       (A)  efficiently manage the flow of stormwater
2-15     runoff in the subdivision; and
2-16                       (B)  coordinate subdivision drainage with the
2-17     general storm drainage pattern for the area; and
2-18                 (9)  require lot and block monumentation to be set by a
2-19     registered professional surveyor before recordation of the plat.
2-20           Sec. 232.0031.  STANDARD FOR ROADS IN SUBDIVISION. A county
2-21     may not impose under Section 232.003 a higher standard for streets
2-22     or roads in a subdivision than the county imposes on itself for the
2-23     construction of streets or roads with a similar type and amount of
2-24     traffic. This section applies to public and private subdivisions.
2-25           SECTION 2. This act takes affect September 1, 2001.