By: Lindsay S.B. No. 873
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to infrastructure planning in certain urban 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. 232.100. APPLICABILITY. This subchapter applies only
1-9 to the subdivision of land that is:
1-10 (1) subject to county regulations under Subchapter A
1-11 or B; and
1-12 (2) in a county:
1-13 (A) with a population of 200,000 or more; or
1-14 (B) adjacent to a county with a population of
1-15 700,000 or more and within the same metropolitan statistical area
1-16 as designated by the United States Office of Management and Budget.
1-17 Sec. 232.101. RULES. (a) By an order adopted and entered
1-18 in the minutes of the commissioners court and after a notice is
1-19 published in a newspaper of general circulation in the county, the
1-20 commissioners court may adopt rules governing plats and
1-21 subdivisions of land within the unincorporated area of the county
1-22 to promote the health, safety, morals, or general welfare of the
1-23 county and the safe, orderly, and healthful development of the
1-24 unincorporated area of the county.
1-25 (b) Unless otherwise authorized by state law, a
2-1 commissioners court shall not regulate under this section:
2-2 (1) the use of any building or property for business,
2-3 industrial, residential, or other purposes;
2-4 (2) the bulk, height, or number of buildings
2-5 constructed on a particular tract of land;
2-6 (3) the size of a building that can be constructed on
2-7 a particular tract of land, including without limitation and
2-8 restriction on the ratio of building floor space to the land square
2-9 footage; or
2-10 (4) the number of residential units that can be built
2-11 per acre of land.
2-12 Sec. 232.102. MAJOR THOROUGHFARE PLAN. By an order adopted
2-13 and entered in the minutes of the commissioners court and after a
2-14 notice is published in a newspaper of general circulation in the
2-15 county, the commissioners court may:
2-16 (1) require a right-of-way on a street or road that
2-17 functions as a major thoroughfare of a width of not more than 120
2-18 feet; or
2-19 (2) require a right-of-way on a street or road that
2-20 functions as a major thoroughfare of a width of more than 120 feet,
2-21 if such requirement is consistent with a transportation plan
2-22 adopted by the metropolitan planning organization of the region.
2-23 Sec. 232.103. LOT FRONTAGES. By an order adopted and
2-24 entered in the minutes of the commissioners court and after a
2-25 notice is published in a newspaper of general circulation in the
2-26 county, the commissioners court may adopt reasonable standards for
3-1 minimum lot frontages on existing county roads and establish
3-2 reasonable standards for the lot frontages in relation to curves in
3-3 the road.
3-4 Sec. 232.104. SET-BACKS. By an order adopted and entered in
3-5 the minutes of the commissioners court and after a notice is
3-6 published in a newspaper of general circulation in the county, the
3-7 commissioners court may establish reasonable building and set-back
3-8 lines as provided by Chapter 233 without the limitation period
3-9 provided by Section 233.004(c).
3-10 Sec. 232.105. DEVELOPER PARTICIPATION CONTRACTS.
3-11 (a) Without complying with the competitive sealed bidding
3-12 procedure of Chapter 262, a commissioners court may make a contract
3-13 with a developer of a subdivision or land in the unincorporated
3-14 area of the county to construct public improvements, not including
3-15 a building, related to the development. If the contract does not
3-16 meet the requirements of this subchapter, Chapter 262 applies to
3-17 the contract if the contract would otherwise be governed by that
3-18 chapter.
3-19 (b) Under the contract, the developer shall construct the
3-20 improvements, and the county shall participate in the cost of the
3-21 improvements.
3-22 (c) The contract must establish the limit of participation
3-23 by the county at a level not to exceed 30 percent of the total
3-24 contract price. In addition, the contract may also allow
3-25 participation by the county at a level not to exceed 100 percent of
3-26 the total cost for any oversizing of improvements required by the
4-1 county, including but not limited to increased capacity of
4-2 improvements to anticipate other future development in the area.
4-3 The county is liable only for the agreed payment of its share,
4-4 which shall be determined in advance either as a lump sum or as a
4-5 factor or percentage of the total actual cost as determined by an
4-6 order of the commissioners court.
4-7 (d) The developer must execute a performance bond for the
4-8 construction of the improvements to ensure completion of the
4-9 project. The bond must be executed by a corporate surety in
4-10 accordance with Chapter 2253, Government Code.
4-11 (e) In the order adopted by the commissioners court under
4-12 Subsection (c), the county may include additional safeguards
4-13 against undue loading of cost, collusion, or fraud.
4-14 Sec. 232.106. CONNECTION OF UTILITIES. By an order adopted
4-15 and entered in the minutes of the commissioners court, and after a
4-16 notice is published in a newspaper of general circulation in the
4-17 county, the commissioners court may impose the requirements of
4-18 Section 232.029.
4-19 Sec. 232.107. PROVISIONS CUMULATIVE. The authorities under
4-20 this subchapter are cumulative of and in addition to the
4-21 authorities granted under this chapter and all other laws to
4-22 counties to regulate the subdivision of land.
4-23 SECTION 2. Subsection (a), Section 242.001, Local Government
4-24 Code, is amended to read as follows:
4-25 (a) This section applies only to a county operating under
4-26 Sections 232.001-232.005 or Subchapter B, [or] C, or E, Chapter
5-1 232.
5-2 SECTION 3. (a) This Act takes effect September 1, 2001.
5-3 (b) The changes in law made by this Act apply only to a
5-4 subdivision of land for which a plat application is filed on or
5-5 after September 1, 2001. A subdivision of land for which a plat
5-6 application was filed before September 1, 2001, is governed by the
5-7 law in effect when the plat application was filed, and the former
5-8 law is continued in effect for that purpose.