1-1 By: Van de Putte S.B. No. 1708
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain subdivision improvements and the bond
1-9 requirements for certain subdivision improvements.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 232.003 and 232.004, Local Government
1-12 Code, are amended to read as follows:
1-13 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
1-14 and entered in the minutes of the commissioners court, and after a
1-15 notice is published in a newspaper of general circulation in the
1-16 county, the commissioners court may:
1-17 (1) require a right-of-way on a street or road that
1-18 functions as a main artery in a subdivision, of a width of not less
1-19 than 50 feet or more than 100 feet;
1-20 (2) require a right-of-way on any other street or road
1-21 in a subdivision of not less than 40 feet or more than 70 feet;
1-22 (3) require that the shoulder-to-shoulder width on
1-23 collectors or main arteries within the right-of-way be not less
1-24 than 32 feet or more than 56 feet, and that the
1-25 shoulder-to-shoulder width on any other street or road be not less
1-26 than 25 feet or more than 35 feet;
1-27 (4) adopt, based on the amount and kind of travel over
1-28 each street or road in a subdivision, reasonable specifications
1-29 relating to the construction of each street or road;
1-30 (5) adopt reasonable specifications to provide
1-31 adequate drainage for each street or road in a subdivision in
1-32 accordance with standard engineering practices;
1-33 (6) require that each purchase contract made between a
1-34 subdivider and a purchaser of land in the subdivision contain a
1-35 statement describing the extent to which water will be made
1-36 available to the subdivision and, if it will be made available, how
1-37 and when;
1-38 (7) require that the owner of the tract to be
1-39 subdivided execute a good and sufficient bond to ensure proper
1-40 construction of the streets, roads, and drainage improvements in
1-41 the subdivision in the manner provided by Section 232.004;
1-42 (8) require that the owner of the tract to be
1-43 subdivided execute a good and sufficient bond to ensure proper
1-44 maintenance of the streets, roads, and drainage improvements in the
1-45 subdivision in the manner provided by Section 232.004;
1-46 (9) adopt reasonable specifications that provide for
1-47 drainage in the subdivision to:
1-48 (A) efficiently manage the flow of stormwater
1-49 runoff in the subdivision; and
1-50 (B) coordinate subdivision drainage with the
1-51 general storm drainage pattern for the area; and
1-52 (10) [(9)] require lot and block monumentation to be
1-53 set by a registered professional surveyor before recordation of the
1-54 plat.
1-55 Sec. 232.004. BOND REQUIREMENTS. (a) If the commissioners
1-56 court requires the owner of the tract to execute a bond, the owner
1-57 must do so before subdividing the tract unless an alternative
1-58 financial guarantee is provided under Section 232.0045. The bond
1-59 must:
1-60 (1) be payable to the county judge of the county in
1-61 which the subdivision will be located or to the judge's successors
1-62 in office;
1-63 (2) be in an amount determined by the commissioners
1-64 court to be adequate to ensure proper construction or maintenance
2-1 of the roads and streets in and drainage requirements for the
2-2 subdivision, but not to exceed the estimated cost of construction
2-3 or maintenance of the roads, streets, and drainage requirements;
2-4 (3) be executed with sureties as may be approved by
2-5 the court;
2-6 (4) be executed by a company authorized to do business
2-7 as a surety in this state if the court requires a surety bond
2-8 executed by a corporate surety; and
2-9 (5) be conditioned that the roads and streets and the
2-10 drainage requirements for the subdivision will be constructed:
2-11 (A) in accordance with the specifications
2-12 adopted by the court; and
2-13 (B) within a reasonable time set by the court.
2-14 (b) In addition to the requirements set out by Subsection
2-15 (a), a bond required under Section 232.003(8) must be in an amount
2-16 to which the owner and the commissioners court agree is adequate to
2-17 ensure proper maintenance of the streets, roads, and drainage
2-18 improvements in the subdivision for a period ending the later of:
2-19 (1) one year after the date the county approves the
2-20 final construction of the streets, roads, and drainage
2-21 improvements; or
2-22 (2) the date the commissioners court includes the
2-23 streets, roads, and drainage improvements in the county road
2-24 system.
2-25 SECTION 2. This Act takes effect September 1, 2001, and
2-26 applies only to a subdivision of a tract of land and to the owner
2-27 of the tract for which the county approves on or after that date,
2-28 the plat subdividing the tract. A subdivision of a tract of land
2-29 and the owner of the tract for which the county approves the plat
2-30 subdividing the tract before the effective date of this Act are
2-31 covered by the law in effect before the effective date of this Act,
2-32 and that law is continued in effect for that purpose.
2-33 * * * * *