77R14048 JMG-F                          
         By Lindsay                                             S.B. No. 873
         Substitute the following for S.B. No. 873:
         By Turner of Coleman                               C.S.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 that:
1-13                       (A)  has a population of 150,000 or more and is
1-14     adjacent to an international border;
1-15                       (B)  has a population of 700,000 or more; or
1-16                       (C)  is adjacent to a county with a population of
1-17     700,000 or more and is within the same metropolitan statistical
1-18     area as that adjacent county, as designated by the United States
1-19     Office of Management and Budget.
1-20           Sec. 232.101.  RULES.  (a)  By  an order adopted and entered
1-21     in the minutes of the commissioners court and after a notice is
1-22     published in a newspaper of general circulation in the county, the
1-23     commissioners court may adopt rules governing plats and
1-24     subdivisions of land within the unincorporated area of the county
 2-1     to promote the health, safety, morals, or general welfare of the
 2-2     county and the safe, orderly, and healthful development of the
 2-3     unincorporated area of the county.
 2-4           (b)  Unless otherwise authorized by state law, a
 2-5     commissioners court shall not regulate under this section:
 2-6                 (1)  the use of any building or property for business,
 2-7     industrial, residential, or other purposes;
 2-8                 (2)  the bulk, height, or number of buildings
 2-9     constructed on a particular tract of land;
2-10                 (3)  the size of a building that can be constructed on
2-11     a particular tract of land, including without limitation and
2-12     restriction on the ratio of building floor space to the land square
2-13     footage; or
2-14                 (4)  the number of residential units that can be built
2-15     per acre of land.
2-16           Sec. 232.102.  MAJOR THOROUGHFARE PLAN.  By an order adopted
2-17     and entered in the minutes of the commissioners court and after a
2-18     notice is published in a newspaper of general circulation in the
2-19     county, the commissioners court may:
2-20                 (1)  require a right-of-way on a street or road that
2-21     functions as a major thoroughfare of a width of not more than 120
2-22     feet; or
2-23                 (2)  require a right-of-way on a street or road that
2-24     functions as a major thoroughfare of a width of more than 120 feet,
2-25     if such requirement is consistent with a transportation plan
2-26     adopted by the metropolitan planning organization of the region.
2-27           Sec. 232.103.  LOT FRONTAGES.  By an order adopted and
 3-1     entered in the minutes of the commissioners court and after a
 3-2     notice is published in a newspaper of general circulation in the
 3-3     county, the commissioners court may adopt reasonable standards for
 3-4     minimum lot frontages on existing county roads and establish
 3-5     reasonable standards for the lot frontages in relation to curves in
 3-6     the road.
 3-7           Sec. 232.104.  SET-BACKS.  By an order adopted and entered in
 3-8     the minutes of the commissioners court and after a notice is
 3-9     published in a newspaper of general circulation in the county, the
3-10     commissioners court may establish reasonable building and set-back
3-11     lines as provided by Chapter 233 without the limitation period
3-12     provided by Section 233.004(c).
3-13           Sec. 232.105.  DEVELOPER PARTICIPATION CONTRACTS.  (a)
3-14     Without complying with the competitive sealed bidding procedure of
3-15     Chapter 262, a commissioners court may make a contract with a
3-16     developer of a subdivision or land in the unincorporated area of
3-17     the county to construct public improvements, not including a
3-18     building, related to the development.  If the contract does not
3-19     meet the requirements of this subchapter, Chapter 262 applies to
3-20     the contract if the contract would otherwise be governed by that
3-21     chapter.
3-22           (b)  Under the contract, the developer shall construct the
3-23     improvements, and the county shall participate in the cost of the
3-24     improvements.
3-25           (c)  The contract must establish the limit of participation
3-26     by the county at a level not to exceed 30 percent of the total
3-27     contract price.  In addition, the contract may also allow
 4-1     participation by the county at a level not to exceed 100 percent of
 4-2     the total cost for any oversizing of improvements required by the
 4-3     county, including but not limited to increased capacity of
 4-4     improvements to anticipate other future development in the area.
 4-5     The county is liable only for the agreed payment of its share,
 4-6     which shall be determined in advance either as a lump sum or as a
 4-7     factor or percentage of the total actual cost as determined by an
 4-8     order of the commissioners court.
 4-9           (d)  The developer must execute a performance bond for the
4-10     construction of the improvements to ensure completion of the
4-11     project.  The bond must be executed by a corporate surety in
4-12     accordance with Chapter 2253, Government Code.
4-13           (e)  In the order adopted by the commissioners court under
4-14     Subsection (c), the county may include additional safeguards
4-15     against undue loading of cost, collusion, or fraud.
4-16           Sec. 232.106.  CONNECTION OF UTILITIES.  By an order adopted
4-17     and entered in the minutes of the commissioners court, and after a
4-18     notice is published in a newspaper of general circulation in the
4-19     county, the commissioners court may impose the requirements of
4-20     Section 232.029.
4-21           Sec. 232.107.  PROVISIONS CUMULATIVE.  The authorities under
4-22     this subchapter are cumulative of and in addition to the
4-23     authorities granted under this chapter and all other laws to
4-24     counties to regulate the subdivision of land.
4-25           SECTION 2.  Subsection (a), Section 242.001, Local Government
4-26     Code, is amended to read as follows:
4-27           (a)  This section applies only to a county operating under
 5-1     Sections 232.001-232.005 or Subchapter B, [or] C, or E, Chapter
 5-2     232.
 5-3           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 5-4           (b)  The changes in law made by this Act apply only to a
 5-5     subdivision of land for which a plat application is filed on or
 5-6     after September 1, 2001.  A subdivision of land for which a plat
 5-7     application was filed before September 1, 2001, is governed by the
 5-8     law in effect when the plat application was filed, and the former
 5-9     law is continued in effect for that purpose.