1-1 By: Lindsay S.B. No. 873
1-2 (In the Senate - Filed February 22, 2001; February 26, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 2, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 April 2, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 873 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to infrastructure planning in certain urban counties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 232, Local Government Code, is amended by
1-13 adding Subchapter E to read as follows:
1-14 SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS
1-15 IN CERTAIN URBAN COUNTIES
1-16 Sec. 232.100. APPLICABILITY. This subchapter applies only
1-17 to the subdivision of land that is:
1-18 (1) subject to county regulations under Subchapter A
1-19 or B; and
1-20 (2) in a county:
1-21 (A) with a population of 174,000 or more; or
1-22 (B) adjacent to a county with a population of
1-23 174,000 or more and within the same metropolitan statistical area
1-24 as designated by the United States Census Bureau.
1-25 Sec. 232.101. RULES. (a) By an order adopted and entered
1-26 in the minutes of the commissioners court and after a notice is
1-27 published in a newspaper of general circulation in the county, the
1-28 commissioners court may adopt rules governing plats and
1-29 subdivisions of land within the unincorporated area of the county
1-30 to promote the health, safety, morals, or general welfare of the
1-31 county and the safe, orderly, and healthful development of the
1-32 unincorporated area of the county.
1-33 (b) Unless otherwise authorized by state law, a
1-34 commissioners court shall not regulate under this section:
1-35 (1) the use of any building or property for business,
1-36 industrial, residential, or other purposes;
1-37 (2) the bulk, height, or number of buildings
1-38 constructed on a particular tract of land;
1-39 (3) the size of a building that can be constructed on
1-40 a particular tract of land, including without limitation and
1-41 restriction on the ratio of building floor space to the land square
1-42 footage; or
1-43 (4) the number of residential units that can be built
1-44 per acre of land.
1-45 Sec. 232.102. MAJOR THOROUGHFARE PLAN. By an order adopted
1-46 and entered in the minutes of the commissioners court and after a
1-47 notice is published in a newspaper of general circulation in the
1-48 county, the commissioners court may:
1-49 (1) require the dedication of land for use as a major
1-50 thoroughfare in accordance with a transportation plan adopted by
1-51 the metropolitan planning organization of the region;
1-52 (2) require a right-of-way on a street or road that
1-53 functions as a major thoroughfare of a width of not more than 150
1-54 feet; or
1-55 (3) require a right-of-way on a street or road that
1-56 functions as a major thoroughfare of a width of more than 150 feet,
1-57 if such requirement is consistent with a transportation plan
1-58 adopted by the metropolitan planning organization of the region.
1-59 Sec. 232.103. LOT FRONTAGES. By an order adopted and
1-60 entered in the minutes of the commissioners court and after a
1-61 notice is published in a newspaper of general circulation in the
1-62 county, the commissioners court may adopt standards for minimum lot
1-63 frontages on county roads and establish reasonable standards for
1-64 the lot frontages in relation to curves in the road.
2-1 Sec. 232.104. SET-BACKS. By an order adopted and entered in
2-2 the minutes of the commissioners court and after a notice is
2-3 published in a newspaper of general circulation in the county, the
2-4 commissioners court may establish building and set-back lines as
2-5 provided by Chapter 233 without the limitation period provided by
2-6 Section 233.004(c).
2-7 Sec. 232.105. DEVELOPER PARTICIPATION CONTRACTS.
2-8 (a) Without complying with the competitive sealed bidding
2-9 procedure of Chapter 262, a commissioners court may make a contract
2-10 with a developer of a subdivision or land in the unincorporated
2-11 area of the county to construct public improvements, not including
2-12 a building, related to the development. If the contract does not
2-13 meet the requirements of this subchapter, Chapter 262 applies to
2-14 the contract if the contract would otherwise be governed by that
2-15 chapter.
2-16 (b) Under the contract, the developer shall construct the
2-17 improvements, and the county shall participate in the cost of the
2-18 improvements.
2-19 (c) The contract must establish the limit of participation
2-20 by the county at a level not to exceed 30 percent of the total
2-21 contract price. In addition, the contract may also allow
2-22 participation by the county at a level not to exceed 100 percent of
2-23 the total cost for any oversizing of improvements required by the
2-24 county, including but not limited to increased capacity of
2-25 improvements to anticipate other future development in the area.
2-26 The county is liable only for the agreed payment of its share,
2-27 which shall be determined in advance either as a lump sum or as a
2-28 factor or percentage of the total actual cost as determined by an
2-29 order of the commissioners court.
2-30 (d) The developer must execute a performance bond for the
2-31 construction of the improvements to ensure completion of the
2-32 project. The bond must be executed by a corporate surety in
2-33 accordance with Chapter 2253, Government Code.
2-34 (e) In the order adopted by the commissioners court under
2-35 Subsection (c), the county may include additional safeguards
2-36 against undue loading of cost, collusion, or fraud.
2-37 (f) All of the developer's books and other records related
2-38 to the project shall be available for inspection by the county.
2-39 Sec. 232.106. CONNECTION OF UTILITIES. By an order adopted
2-40 and entered in the minutes of the commissioners court, and after a
2-41 notice is published in a newspaper of general circulation in the
2-42 county, the commissioners court may impose the requirements of
2-43 Section 232.029.
2-44 Sec. 232.107. PROVISIONS CUMULATIVE. The authorities under
2-45 this subchapter are cumulative of and in addition to the
2-46 authorities granted under this chapter and all other laws to
2-47 counties to regulate the subdivision of land.
2-48 SECTION 2. Subsection (a), Section 242.001, Local Government
2-49 Code, is amended to read as follows:
2-50 (a) This section applies only to a county operating under
2-51 [Sections 232.001-232.005 or] Subchapter A, B, [or] C, or E,
2-52 Chapter 232.
2-53 SECTION 3. This Act takes effect September 1, 2001.
2-54 * * * * *