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.