BILL ANALYSIS
By: Casteel
BACKGROUND AND PURPOSE
Certain subdivisions of land outside the jurisdiction of a municipality require the preparation and recording of a plat. The plat is approved by the county. Current statute limits the reasons for which a county may disapprove a plat. Advanced planning of transportation projects is accomplished in part through the adoption of a county or MPO major thoroughfare plan.
HB 2021 enhances coordination between TxDOT and counties in planning for the development of transportation facilities and to discourage the development of land located within future transportation corridors through notifications to developers, purchasers, and lessees of certain land.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Adds Section 201.617, Transportation Code, to authorize TxDOT and a county to enter into an agreement for the purpose of identifying future transportation corridors within that county; requires TxDOT to publish a notice that copies of an agreement and all plans referred to by that agreement are available at one or more department offices.
SECTION 2. Amends Section 232.001, Local Government Code, to provide that a plat that is required to be prepared under this section (owner is subdividing land located outside the limits of a municipality) must include, if applicable, an acknowledgement that the land is located within a future transportation corridor identified in an agreement under SECTION 1 of this Act.
SECTION 3. Adds Section 232.0033, Local Government Code, to require each purchase contract or lease made between a subdivider and a purchaser or lessee of land in a subdivision to contain a statement, if applicable, that the land is located within a future transportation corridor.
SECTION 4. Amends Section 232.023, Local Government Code, to provide that a plat that is required to be prepared under this section (applies to certain subdivisions of land in economically distressed counties if the land is in the jurisdiction of a county) must include, if applicable, an acknowledgement that the land is located within a future transportation corridor identified in an agreement under SECTION 1 of this Act.
SECTION 5. Adds Section 232.0251, Local Government Code, to require each purchase contract or lease made between a subdivider and a purchaser or lessee of land in a subdivision to contain a statement, if applicable, that the land is located within a future transportation corridor.
SECTION 6. Amends Section 232.100, Local Government Code, to apply statutes governing infrastructure planning to all counties of the state (currently the statutes apply to urban counties).
SECTION 7. Amends Section 232.102, Local Government Code, to authorize counties to require the dedication of land for use as a state highway in accordance with a major thoroughfare plan adopted by the county or the metropolitan planning organization of the region.
SECTION 8. Provides that this Act takes effect September 1, 2005, and applies only to a plat filed on or after that date.
EFFECTIVE DATE
September 1, 2005.