1-1 By: Wentworth S.B. No. 800
1-2 (In the Senate - Filed February 20, 2001; February 21, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 17, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 April 17, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 800 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the subdivision of land under the
1-11 jurisdiction of counties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 232.022, Local Government
1-14 Code, is amended to read as follows:
1-15 (a) This subchapter applies only to:
1-16 (1) a county any part of which is located within 50
1-17 miles of an international border; or
1-18 (2) a county that has elected by an order adopted by
1-19 the commissioners court to operate under this subchapter.
1-20 SECTION 2. Subchapter B, Chapter 232, Local Government Code,
1-21 is amended by adding Section 232.0225 to read as follows:
1-22 Sec. 232.0225. MINIMUM STATE STANDARDS. (a) To the extent
1-23 this subchapter refers to minimum state standards or refers to the
1-24 application of a provision of Chapter 16, Water Code, the
1-25 references apply to all counties regardless of any limitation
1-26 established by Chapter 16, Water Code, including the limitation
1-27 established by Section 16.343(f), Water Code.
1-28 (b) This section and the other provisions of this subchapter
1-29 do not authorize a county to participate in any financial
1-30 assistance program or any other program authorized by Chapter 15,
1-31 16, or 17, Water Code, unless the county qualifies under the Water
1-32 Code.
1-33 SECTION 3. Section 232.025, Local Government Code, is
1-34 amended to read as follows:
1-35 Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order adopted
1-36 and entered in the minutes of the commissioners court, and after a
1-37 notice is published in English and Spanish in a newspaper of
1-38 general circulation in the county, the commissioners court shall
1-39 for each subdivision:
1-40 (1) require a right-of-way on a street or road that
1-41 functions as a main artery in a subdivision, of a width of not less
1-42 than 50 feet or more than 100 feet;
1-43 (2) require a right-of-way on any other street or road
1-44 in a subdivision of not less than 40 feet or more than 70 feet;
1-45 (3) require that the shoulder-to-shoulder width on
1-46 collectors or main arteries within the right-of-way be not less
1-47 than 32 feet or more than 56 feet, and that the
1-48 shoulder-to-shoulder width on any other street or road be not less
1-49 than 25 feet or more than 35 feet;
1-50 (4) adopt, based on the amount and kind of travel over
1-51 each street or road in a subdivision, reasonable specifications
1-52 relating to the construction of each street or road;
1-53 (5) adopt reasonable specifications to provide
1-54 adequate drainage for each street or road in a subdivision in
1-55 accordance with standard engineering practices;
1-56 (6) require that each purchase contract made between a
1-57 subdivider and a purchaser of land in the subdivision contain a
1-58 statement describing how and when water, sewer, electricity, and
1-59 gas services will be made available to the subdivision; [and]
1-60 (7) require that the subdivider of the tract execute a
1-61 bond in the manner provided by Section 232.027;
1-62 (8) adopt reasonable specifications that provide for
1-63 drainage in the subdivision to:
1-64 (A) efficiently manage the flow of stormwater
2-1 runoff in the subdivision; and
2-2 (B) coordinate subdivision drainage with the
2-3 general storm drainage pattern for the area; and
2-4 (9) require lot and block monumentation to be set by a
2-5 registered professional surveyor before recordation of the plat.
2-6 SECTION 4. Subchapter B, Chapter 232, Local Government Code,
2-7 is amended by adding Sections 232.0255 and 232.0256 to read as
2-8 follows:
2-9 Sec. 232.0255. STANDARD FOR ROADS IN SUBDIVISION. A county
2-10 may not impose under Section 232.025 a higher standard for streets
2-11 or roads in a subdivision than the county imposes on itself for the
2-12 construction of streets or roads with a similar type and amount of
2-13 traffic.
2-14 Sec. 232.0256. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.
2-15 (a) If a person submits a plat for the subdivision of a tract of
2-16 land for which the source of the water supply intended for the
2-17 subdivision is groundwater under that land, the commissioners court
2-18 of a county by order may require the plat application to have
2-19 attached to it a statement that:
2-20 (1) is prepared by an engineer registered to practice
2-21 in this state; and
2-22 (2) certifies that adequate groundwater is available
2-23 for the subdivision.
2-24 (b) The Texas Natural Resource Conservation Commission by
2-25 rule shall establish the appropriate form and content of a
2-26 certification to be attached to a plat application under this
2-27 section.
2-28 SECTION 5. Section 232.038, Local Government Code, is
2-29 amended to read as follows:
2-30 Sec. 232.038. SUIT BY PRIVATE PERSON [IN ECONOMICALLY
2-31 DISTRESSED AREA]. (a) This section applies only to:
2-32 (1) a [A] person who has purchased or is purchasing
2-33 from a subdivider a lot after July 1, 1995, in a subdivision for
2-34 residential purposes that does not have water and sewer services as
2-35 required by this subchapter and is located in an economically
2-36 distressed area, as defined by Section 17.921, Water Code, from a
2-37 subdivider; or
2-38 (2) a person who has purchased or is purchasing from a
2-39 subdivider a lot after September 1, 2001, in a subdivision for
2-40 residential purposes that does not have water and sewer services as
2-41 required by this subchapter.
2-42 (b) A person described by Subsection (a)[,] may bring suit
2-43 in the district court in which the property is located or in a
2-44 district court in Travis County to:
2-45 (1) declare the sale of the property void and require
2-46 the subdivider to return the purchase price of the property; and
2-47 (2) recover from the subdivider:
2-48 (A) the market value of any permanent
2-49 improvements the person placed on the property;
2-50 (B) actual expenses incurred as a direct result
2-51 of the failure to provide adequate water and sewer facilities;
2-52 (C) court costs; and
2-53 (D) reasonable attorney's fees.
2-54 SECTION 6. Subdivision (26), Section 13.002, Water Code, is
2-55 amended to read as follows:
2-56 (26) "Affected county" is a county any part of which
2-57 is located within 50 miles of an international border [to which
2-58 Subchapter B, Chapter 232, Local Government Code, applies].
2-59 SECTION 7. Section 13.2501, Water Code, is amended to read
2-60 as follows:
2-61 Sec. 13.2501. CONDITIONS REQUIRING REFUSAL OF SERVICE. The
2-62 holder of a certificate of public convenience and necessity shall
2-63 refuse to serve a customer within its certified area if the holder
2-64 of the certificate is prohibited from providing the service under
2-65 Section 212.012 or 232.029 [232.0047], Local Government Code.
2-66 SECTION 8. Subdivision (26), Section 26.001, Water Code, as
2-67 added by Section 24, Chapter 979, Acts of the 74th Legislature,
2-68 Regular Session, 1995, is amended to read as follows:
2-69 (26) "Affected county" is a county any part of which
3-1 is located within 50 miles of an international border [to which
3-2 Subchapter B, Chapter 232, Local Government Code, applies].
3-3 SECTION 9. The changes in law made by this Act to Chapter
3-4 232, Local Government Code, and other statutes apply only to a
3-5 tract of land subdivided on or after September 1, 2001. A tract of
3-6 land subdivided before that date is governed by the law in effect
3-7 immediately before that date, and the former law is continued in
3-8 effect for that purpose.
3-9 SECTION 10. This Act takes effect September 1, 2001.
3-10 * * * * *