By: Wentworth S.B. No. 800
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the subdivision of land under the
1-3 jurisdiction of counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 232.022, Local Government
1-6 Code, is amended to read as follows:
1-7 (a) This subchapter applies only to:
1-8 (1) a county any part of which is located within 50
1-9 miles of an international border; or
1-10 (2) a county that has elected by an order adopted by
1-11 the commissioners court to operate under this subchapter.
1-12 SECTION 2. Subchapter B, Chapter 232, Local Government Code,
1-13 is amended by adding Section 232.0225 to read as follows:
1-14 Sec. 232.0225. MINIMUM STATE STANDARDS. (a) To the extent
1-15 this subchapter refers to minimum state standards or refers to the
1-16 application of a provision of Chapter 16, Water Code, the
1-17 references apply to all counties regardless of any limitation
1-18 established by Chapter 16, Water Code, including the limitation
1-19 established by Section 16.343(f), Water Code.
1-20 (b) This section and the other provisions of this subchapter
1-21 do not authorize a county to participate in any financial
1-22 assistance program or any other program authorized by Chapter 15,
1-23 16, or 17, Water Code, unless the county qualifies under the Water
1-24 Code.
1-25 SECTION 3. Section 232.025, Local Government Code, is
2-1 amended to read as follows:
2-2 Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order adopted
2-3 and entered in the minutes of the commissioners court, and after a
2-4 notice is published in English and Spanish in a newspaper of
2-5 general circulation in the county, the commissioners court shall
2-6 for each subdivision:
2-7 (1) require a right-of-way on a street or road that
2-8 functions as a main artery in a subdivision, of a width of not less
2-9 than 50 feet or more than 100 feet;
2-10 (2) require a right-of-way on any other street or road
2-11 in a subdivision of not less than 40 feet or more than 70 feet;
2-12 (3) require that the shoulder-to-shoulder width on
2-13 collectors or main arteries within the right-of-way be not less
2-14 than 32 feet or more than 56 feet, and that the
2-15 shoulder-to-shoulder width on any other street or road be not less
2-16 than 25 feet or more than 35 feet;
2-17 (4) adopt, based on the amount and kind of travel over
2-18 each street or road in a subdivision, reasonable specifications
2-19 relating to the construction of each street or road;
2-20 (5) adopt reasonable specifications to provide
2-21 adequate drainage for each street or road in a subdivision in
2-22 accordance with standard engineering practices;
2-23 (6) require that each purchase contract made between a
2-24 subdivider and a purchaser of land in the subdivision contain a
2-25 statement describing how and when water, sewer, electricity, and
2-26 gas services will be made available to the subdivision; [and]
3-1 (7) require that the subdivider of the tract execute a
3-2 bond in the manner provided by Section 232.027;
3-3 (8) adopt reasonable specifications that provide for
3-4 drainage in the subdivision to:
3-5 (A) efficiently manage the flow of stormwater
3-6 runoff in the subdivision; and
3-7 (B) coordinate subdivision drainage with the
3-8 general storm drainage pattern for the area; and
3-9 (9) require lot and block monumentation to be set by a
3-10 registered professional surveyor before recordation of the plat.
3-11 SECTION 4. Subchapter B, Chapter 232, Local Government Code,
3-12 is amended by adding Sections 232.0255 and 232.0256 to read as
3-13 follows:
3-14 Sec. 232.0255. STANDARD FOR ROADS IN SUBDIVISION. A county
3-15 may not impose under Section 232.025 a higher standard for streets
3-16 or roads in a subdivision than the county imposes on itself for the
3-17 construction of streets or roads with a similar type and amount of
3-18 traffic.
3-19 Sec. 232.0256. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.
3-20 (a) If a person submits a plat for the subdivision of a tract of
3-21 land for which the source of the water supply intended for the
3-22 subdivision is groundwater under that land, the commissioners court
3-23 of a county by order may require the plat application to have
3-24 attached to it a statement that:
3-25 (1) is prepared by an engineer registered to practice
3-26 in this state; and
4-1 (2) certifies that adequate groundwater is available
4-2 for the subdivision.
4-3 (b) The Texas Natural Resource Conservation Commission by
4-4 rule shall establish the appropriate form and content of a
4-5 certification to be attached to a plat application under this
4-6 section.
4-7 SECTION 5. Section 232.038, Local Government Code, is
4-8 amended to read as follows:
4-9 Sec. 232.038. SUIT BY PRIVATE PERSON [IN ECONOMICALLY
4-10 DISTRESSED AREA]. (a) This section applies only to:
4-11 (1) a [A] person who has purchased or is purchasing
4-12 from a subdivider a lot after July 1, 1995, in a subdivision for
4-13 residential purposes that does not have water and sewer services as
4-14 required by this subchapter and is located in an economically
4-15 distressed area, as defined by Section 17.921, Water Code, from a
4-16 subdivider; or
4-17 (2) a person who has purchased or is purchasing from a
4-18 subdivider a lot after September 1, 2001, in a subdivision for
4-19 residential purposes that does not have water and sewer services as
4-20 required by this subchapter.
4-21 (b) A person described by Subsection (a)[,] may bring suit
4-22 in the district court in which the property is located or in a
4-23 district court in Travis County to:
4-24 (1) declare the sale of the property void and require
4-25 the subdivider to return the purchase price of the property; and
4-26 (2) recover from the subdivider:
5-1 (A) the market value of any permanent
5-2 improvements the person placed on the property;
5-3 (B) actual expenses incurred as a direct result
5-4 of the failure to provide adequate water and sewer facilities;
5-5 (C) court costs; and
5-6 (D) reasonable attorney's fees.
5-7 SECTION 6. Subdivision (26), Section 13.002, Water Code, is
5-8 amended to read as follows:
5-9 (26) "Affected county" is a county any part of which
5-10 is located within 50 miles of an international border [to which
5-11 Subchapter B, Chapter 232, Local Government Code, applies].
5-12 SECTION 7. Section 13.2501, Water Code, is amended to read
5-13 as follows:
5-14 Sec. 13.2501. CONDITIONS REQUIRING REFUSAL OF SERVICE. The
5-15 holder of a certificate of public convenience and necessity shall
5-16 refuse to serve a customer within its certified area if the holder
5-17 of the certificate is prohibited from providing the service under
5-18 Section 212.012 or 232.029 [232.0047], Local Government Code.
5-19 SECTION 8. Subdivision (26), Section 26.001, Water Code, as
5-20 added by Section 24, Chapter 979, Acts of the 74th Legislature,
5-21 Regular Session, 1995, is amended to read as follows:
5-22 (26) "Affected county" is a county any part of which
5-23 is located within 50 miles of an international border [to which
5-24 Subchapter B, Chapter 232, Local Government Code, applies].
5-25 SECTION 9. The changes in law made by this Act to Chapter
5-26 232, Local Government Code, and other statutes apply only to a
6-1 tract of land subdivided on or after September 1, 2001. A tract of
6-2 land subdivided before that date is governed by the law in effect
6-3 immediately before that date, and the former law is continued in
6-4 effect for that purpose.
6-5 SECTION 10. This Act takes effect September 1, 2001.