By:  Madla                                            S.B. No. 1537
         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 the applicability of county road requirements to public
 1-3     and private subdivisions
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 232.003, Local Government Code, is
 1-6     amended to read as follows:
 1-7           232.003.  Subdivision Requirements.  By an order adopted and
 1-8     entered in the minutes of the commissioners court, and after a
 1-9     notice is published in a newspaper of general circulation in the
1-10     county, the commissioners court may:
1-11                 (1)  require a right-of-way on a street or road that
1-12     functions as a main artery in a subdivision, of a width of not less
1-13     than 50 feet or more than 100 feet;
1-14                 (2)  require a right-of-way on any other street or road
1-15     in a subdivision of not less than 40 feet or more than 70 feet;
1-16                  (3)  require that the shoulder-to-shoulder width on
1-17                  collectors or main arteries within
1-18     the right-of-way be not less than 32 feet or more than 56 feet, and
1-19     that the shoulder-to-shoulder width on any other street or road be
1-20     not less than 25 feet or more than 35 feet;
1-21                  (4)  adopt, based on the amount and kind of travel
1-22                  over each street or road in a
1-23     subdivision, reasonable specifications relating to the construction
 2-1     of each street or road;
 2-2                  (5)  adopt reasonable specifications to provide
 2-3                  adequate drainage for each street or
 2-4     road in a subdivision in accordance with standard engineering
 2-5     practices;
 2-6                  (6)  require that each purchase contract made between
 2-7                  a subdivider and a purchaser
 2-8     of land in the subdivision contain a statement describing the
 2-9     extent to which water will be made available to the subdivision
2-10     and, if it will be made available, how and when;
2-11                  (7)  require that the owner of the tract to be
2-12                  subdivided
2-13     execute a good and sufficient bond in the manner provided by
2-14     Section 232.004;
2-15                  (8)  adopt reasonable specifications that provide for
2-16                  drainage in the subdivision to:
2-17                       (A)  efficiently manage the flow of stormwater
2-18     runoff in the subdivision; and
2-19                       (B)  coordinate subdivision drainage with the
2-20     general storm drainage pattern for the area; and
2-21                  (9)  require lot and block monumentation to be set by
2-22                  a registered professional
2-23     surveyor before recordation of the plat.
2-24           232.0031.  Standard for Roads in Subdivision.
2-25           A county may not impose under Section 232.003 a higher
2-26     standard for streets or roads in a subdivision than the county
 3-1     imposes on itself for the construction of streets or roads with a
 3-2     similar type and amount of traffic.  This section applies to public
 3-3     and private subdivisions.
 3-4           SECTION 2.  This act takes effect September 1, 2001.