By: Van de Putte S.B. No. 1708
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain subdivision improvements and the bond
1-3 requirements for certain subdivision improvements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 232.003 and 232.004, Local Government
1-6 Code, are 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
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 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
1-22 each street or road in a subdivision, reasonable specifications
1-23 relating to the construction of each street or road;
1-24 (5) adopt reasonable specifications to provide
1-25 adequate drainage for each street or road in a subdivision in
2-1 accordance with standard engineering practices;
2-2 (6) require that each purchase contract made between a
2-3 subdivider and a purchaser of land in the subdivision contain a
2-4 statement describing the extent to which water will be made
2-5 available to the subdivision and, if it will be made available, how
2-6 and when;
2-7 (7) require that the owner of the tract to be
2-8 subdivided execute a good and sufficient bond to ensure proper
2-9 construction of the streets, roads, and drainage improvements in
2-10 the subdivision in the manner provided by Section 232.004;
2-11 (8) require that the owner of the tract to be
2-12 subdivided execute a good and sufficient bond to ensure proper
2-13 maintenance of the streets, roads, and drainage improvements in the
2-14 subdivision in the manner provided by Section 232.004;
2-15 (9) 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 (10) [(9)] require lot and block monumentation to be
2-22 set by a registered professional surveyor before recordation of the
2-23 plat.
2-24 Sec. 232.004. BOND REQUIREMENTS. (a) If the commissioners
2-25 court requires the owner of the tract to execute a bond, the owner
2-26 must do so before subdividing the tract unless an alternative
3-1 financial guarantee is provided under Section 232.0045. The bond
3-2 must:
3-3 (1) be payable to the county judge of the county in
3-4 which the subdivision will be located or to the judge's successors
3-5 in office;
3-6 (2) be in an amount determined by the commissioners
3-7 court to be adequate to ensure proper construction or maintenance
3-8 of the roads and streets in and drainage requirements for the
3-9 subdivision, but not to exceed the estimated cost of construction
3-10 or maintenance of the roads, streets, and drainage requirements;
3-11 (3) be executed with sureties as may be approved by
3-12 the court;
3-13 (4) be executed by a company authorized to do business
3-14 as a surety in this state if the court requires a surety bond
3-15 executed by a corporate surety; and
3-16 (5) be conditioned that the roads and streets and the
3-17 drainage requirements for the subdivision will be constructed:
3-18 (A) in accordance with the specifications
3-19 adopted by the court; and
3-20 (B) within a reasonable time set by the court.
3-21 (b) In addition to the requirements set out by Subsection
3-22 (a), a bond required under Section 232.003(8) must be in an amount
3-23 which the owner and the commissioners court agree is adequate to
3-24 ensure proper maintenance of the streets, roads, and drainage
3-25 improvements in the subdivision for a period ending the later of:
3-26 (1) one year after the date the county approves the
4-1 final construction of the streets, roads, and drainage
4-2 improvements; or
4-3 (2) the date the commissioners court includes the
4-4 streets, roads, and drainage improvements in the county road
4-5 system.
4-6 SECTION 2. This Act takes effect September 1, 2001, and
4-7 applies only to a subdivision of a tract of land and to the owner
4-8 of the tract for which the county approves on or after that date,
4-9 the plat subdividing the tract. A subdivision of a tract of land
4-10 and the owner of the tract for which the county approves the plat
4-11 subdividing the tract before the effective date of this Act are
4-12 covered by the law in effect before the effective date of this Act,
4-13 and that law is continued in effect for that purpose.