By: Ogden S.B. No. 1696
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 regulation of the subdivision of land under the
1-3 jurisdiction of counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 232.003, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
1-8 and 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 in a
1-15 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 the right-of-way be not less
1-18 than 32 feet or more than 56 feet, and that the
1-19 shoulder-to-shoulder width on any other street or road be not less
1-20 than 25 feet or more than 35 feet;
1-21 (4) adopt, based on the amount and kind of travel over each
1-22 street or road in a subdivision, reasonable specifications relating
1-23 to the construction of each street or road;
2-1 (5) adopt, based on the level of use by school buses and
2-2 emergency medical services vehicles, reasonable specifications
2-3 relating to the construction of public and private streets and
2-4 roads;
2-5 (6) [(5)] adopt reasonable specifications to provide
2-6 adequate drainage for each street or road in a subdivision in
2-7 accordance with standard engineering practices;
2-8 (7) [(6)] require that each purchase contract made between a
2-9 subdivider and a purchaser of land in the subdivision contain a
2-10 statement describing the extent to which water will be made
2-11 available to the subdivision and, if it will be made available, how
2-12 and when;
2-13 (8) [(7)] require that the owner of the tract to be
2-14 subdivided execute a good and sufficient bond in the manner
2-15 provided by Section 232.004;
2-16 (9) [(8)] adopt reasonable specifications that provide for
2-17 drainage in the subdivision to:
2-18 (A) efficiently manage the flow of stormwater runoff in the
2-19 subdivision; and
2-20 (B) coordinate subdivision drainage with the general storm
2-21 drainage pattern for the area; and
2-22 (10) [(9)] require lot and block monumentation to be set by
2-23 a registered professional surveyor before recordation of the plat.
2-24 SECTION 2. The changes in law made by this Act to Chapter
2-25 232, Local Government Code, and other statutes, apply only to a
2-26 tract of land subdivided on or after September 1, 2001. A tract of
3-1 land subdivided before that date is governed by the law in effect
3-2 immediately before that date, and the former law is continued in
3-3 effect for that purpose.
3-4 SECTION 3. This Act takes effect September 1, 2001.