By: Lindsay S.B. No. 873
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 new Subchapter D to read as follows:
1-6 SUBCHAPTER D. INFRASTRUCTURE PLANNING PROVISIONS IN CERTAIN
1-7 URBAN COUNTIES
1-8 Sec 232.100. APPLICABILITY. This subchapter applies only to
1-9 the subdivision of land that is:
1-10 (1) Subject to county regulations under Subchapter A; and
1-11 (2) In a county:
1-12 (A) With a population of 100,000 or more; or
1-13 (B) A county adjacent to a county with a population of
1-14 100,000 or more and within the same Metropolitan Statistical Area
1-15 as designated by the United States Census Bureau.
1-16 Section 232.101. RULES. By an order adopted and entered in
1-17 the minutes of the commissioners court, and after a notice is
1-18 published in a newspaper of general circulation in the county, the
1-19 commissioners court may adopt rules governing plats and
1-20 subdivisions of land within the unincorporated area of the county
1-21 to promote the health, safety, morals, or general welfare of the
1-22 county and the safe, orderly, and healthful development of the
1-23 unincorporated area of the county.
2-1 Section 232.102. MAJOR THOROUGHFARE PLAN. By an order
2-2 adopted and entered in the minutes of the commissioners court, and
2-3 after a notice is published in a newspaper of general circulation
2-4 in the county, the commissioners court may:
2-5 (1) Require the dedication of land for use as a major
2-6 thoroughfare in accordance with a transportation plan adopted by
2-7 the Metropolitan Planning Organization of the region;
2-8 (2) Require a right-of-way on a street or road that
2-9 functions as a major thoroughfare of a width of not more than 150
2-10 feet;
2-11 (3) Require a right-of-way on a street or road that
2-12 functions as a major thoroughfare of a width of more than 150 feet
2-13 if such requirement is consistent with a transportation plan
2-14 adopted by the Metropolitan Planning Organization of the region;
2-15 Section 232.103. LOT FRONTAGES. By an order adopted and
2-16 entered in the minutes of the commissioners court, and after a
2-17 notice is published in a newspaper of general circulation in the
2-18 county, the commissioners court may adopt standards for minimum lot
2-19 frontages on county roads, and establish reasonable standards for
2-20 the lot frontages in relation to curves in the road.
2-21 Section 232.104. SET BACKS. By an order adopted and entered
2-22 in the minutes of the commissioners court, and after a notice is
2-23 published in a newspaper of general circulation in the county, the
2-24 commissioners court may establish building and set back lines as
2-25 provided by Chapter 233 without the limitation period provided by
2-26 section 233.004(c).
3-1 Section 232.105. IMPACT FEES. By an order adopted and
3-2 entered in the minutes of the commissioners court, and after a
3-3 notice is published in a newspaper of general circulation in the
3-4 county, the commissioners court may impose impact fees under
3-5 Chapter 395.
3-6 Section 232.106. DEVELOPER PARTICIPATION CONTRACTS.
3-7 (a) Without complying with the competitive sealed bidding
3-8 procedure of Chapter 262, a commissioners court may make a contract
3-9 with a developer of a subdivision or land in the unincorporated
3-10 area of the county to construct public improvements, not including
3-11 a building, related to the development. If the contract does not
3-12 meet the requirements of this subchapter, Chapter 262 applies to
3-13 the contract if the contract would otherwise be governed by that
3-14 chapter.
3-15 (b) Under the contract, the developer shall construct the
3-16 improvements and the county shall participate in the cost of the
3-17 improvements.
3-18 (c) The contract must establish the limit of participation
3-19 by the county at a level not to exceed 30 percent of the total
3-20 contract price. In addition, the contract may also allow
3-21 participation by the county at a level not to exceed 100 percent of
3-22 the total cost for any oversizing of improvements required by the
3-23 county, including but not limited to increased capacity of
3-24 improvements to anticipate other future development in the area.
3-25 The county is liable only for the agreed payment of its share,
3-26 which shall be determined in advance either as a lump sum or as a
4-1 factor or percentage of the total actual cost as determined by an
4-2 order of commissioners court.
4-3 (d) The developer must execute a performance bond for the
4-4 construction of the improvements to ensure completion of the
4-5 project. The bond must be executed by a corporate surety in
4-6 accordance with Chapter 2253, Government Code.
4-7 (e) In the order adopted by the commissioners court under
4-8 subsection (c), the county may include additional safeguards
4-9 against undue loading of cost, collusion, or fraud.
4-10 (f) All of the developer's books and other records related
4-11 to the project shall be available for inspection by the county.
4-12 Section 232.107. CONNECTION OF UTILITIES. By an order
4-13 adopted and entered in the minutes of the commissioners court, and
4-14 after a notice is published in a newspaper of general circulation
4-15 in the county, the commissioners court may impose the requirements
4-16 of 232.029.
4-17 Section 232.108. PROVISIONS CUMULATIVE. The authorities
4-18 under this subchapter are cumulative of and in addition to the
4-19 authorities granted under this Chapter and all other laws to
4-20 counties to regulate the subdivision of land.
4-21 SECTION 2. Section 395.001(7), Local Government Code, is
4-22 amended to read as follows:
4-23 (7) "Political subdivision" means:
4-24 (A) a municipality;
4-25 (B) [,] a district or authority created under
4-26 Article III, Section 52, or Article XVI, Section 59, of the Texas
5-1 Constitution;
5-2 (C) [, or,] for the purpose set forth by
5-3 Section 395.079, certain counties described by that section; or
5-4 (D) a county authorized to impose an impact fee
5-5 under Subchapter D, Chapter 232.
5-6 Section 3. Section 395.011(b), Local Government Code, is
5-7 amended to read as follows:
5-8 (b) Political subdivisions may enact or impose impact fees
5-9 on land within their [corporate] boundaries or extraterritorial
5-10 jurisdictions only by complying with this chapter, except that
5-11 impact fees may not be enacted or imposed in the extraterritorial
5-12 jurisdiction for roadway facilities.
5-13 Section 4. Section 395.016(c) and (d), Local Government
5-14 Code, are amended to read as follows:
5-15 (c) This subsection applies only to impact fees adopted
5-16 after June 20, 1987. For new development which is platted in
5-17 accordance with Subchapter A, Chapter 212, or Subchapter A or B,
5-18 Chapter 232, or the subdivision or platting procedures of any other
5-19 [a] political subdivision before the adoption of an impact fee, an
5-20 impact fee may not be collected on any service unit for which a
5-21 valid building permit is issued within one year after the date of
5-22 adoption of the impact fee.
5-23 (d) This subsection applies only to land platted in
5-24 accordance with Subchapter A, Chapter 212, or Subchapter A or B,
5-25 Chapter 232, or the subdivision or platting procedures of any other
5-26 [a] political subdivision after adoption of an impact fee adopted
6-1 after June 20, 1987. The political subdivision shall assess the
6-2 impact fees before or at the time of recordation of a subdivision
6-3 plat or other plat under Subchapter A, Chapter 212, or Subchapter A
6-4 or B, Chapter 232, or the subdivision or platting ordinance or
6-5 procedures of any other political subdivision in the official
6-6 records of the county clerk of the county in which the tract is
6-7 located. Except as provided by Section 395.019, the political
6-8 subdivision may collect the fees at either the time of recordation
6-9 of the subdivision plat or connection to the political
6-10 subdivision's water or sewer system or at the time the political
6-11 subdivision issues either the building permit or the certificate of
6-12 occupancy.
6-13 SECTION 5. This Act takes effect September 1, 2001.