79(R) HB 2021 - House Committee Report version


                                                                                
79R6813 MTB-F


By:  Casteel                                                      H.B. No. 2021



A BILL TO BE ENTITLED

AN ACT

relating to the identification and administration of land located 
in a future transportation corridor of a county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 201, Transportation Code, 
is amended by adding Section 201.617 to read as follows:
	Sec. 201.617.  COOPERATIVE PLANNING WITH COUNTIES.  (a) The 
department and a county may enter into an agreement for the purpose 
of identifying future transportation corridors within the county.  
The corridors identified in the agreement must be derived from 
existing transportation plans adopted by the department or 
commission, the county, or a metropolitan planning organization.
	(b)  The department shall publish in the Texas Register and 
in a newspaper of general circulation in the county with whom the 
department has entered into an agreement under Subsection (a) a 
notice that copies of the agreement and all plans referred to by the 
agreement are available at one or more designated department 
offices.
	SECTION 2.  Section 232.001(b), Local Government Code, is 
amended to read as follows:
	(b)  To be recorded, the plat must:                                            
		(1)  describe the subdivision by metes and bounds;                            
		(2)  locate the subdivision with respect to an original 
corner of the original survey of which it is a part; [and]
		(3)  state the dimensions of the subdivision and of 
each lot, street, alley, square, park, or other part of the tract 
intended to be dedicated to public use or for the use of purchasers 
or owners of lots fronting on or adjacent to the street, alley, 
square, park, or other part; and
		(4)  if the subdivision is located on land within a 
future transportation corridor identified in an agreement under 
Section 201.617, Transportation Code, state that fact.
	SECTION 3.  Subchapter A, Chapter 232, Local Government 
Code, is amended by adding Section 232.0033 to read as follows:
	Sec. 232.0033.  DEVELOPMENT IN FUTURE TRANSPORTATION 
CORRIDORS.  (a)  This section applies to a subdivision located on 
land within a future transportation corridor identified in an 
agreement under Section 201.617, Transportation Code.
	(b)  Each purchase contract or lease made between a 
subdivider and a purchaser or lessee of land in the subdivision 
shall contain a statement that the land is within a future 
transportation corridor.
	SECTION 4.  Section 232.023, Local Government Code, is 
amended by adding Subsection (c-1) to read as follows:
	(c-1)  If the subdivision is located on land within a future 
transportation corridor identified in an agreement under Section 
201.617, Transportation Code, a plat required under this section 
must state that fact.
	SECTION 5.  Subchapter B, Chapter 232, Local Government 
Code, is amended by adding Section 232.0251 to read as follows:
	Sec. 232.0251. DEVELOPMENT IN FUTURE TRANSPORTATION 
CORRIDORS.  (a)  This section applies to a subdivision located on 
land within a future transportation corridor identified in an 
agreement under Section 201.617, Transportation Code.
	(b)  Each purchase contract or lease made between a 
subdivider and a purchaser or lessee of land in the subdivision 
shall contain a statement that the land is within a future 
transportation corridor.
	SECTION 6.  Section 232.100, Local Government Code, is 
amended to read as follows:
	Sec. 232.100.  APPLICABILITY.  This subchapter applies only 
to the subdivision of the land that is[:
		[(1)]  subject to county regulations under Subchapter A 
or B[; and
		[(2)  in a county that:                                      
			[(A)  has a population of 150,000 or more and is 
adjacent to an international border;
			[(B)  has a population of 700,000 or more;                  
			[(C)  is adjacent to a county with a population of 
700,000 or more and is within the same metropolitan statistical 
area as that adjacent county, as designated by the United States 
Office of Management and Budget; or
			[(D)  is adjacent to a county with a population of 
700,000 or more, is not within the same metropolitan statistical 
area as that adjacent county, and has a population that has 
increased after the 1990 decennial census, from one decennial 
census to the next, by more than 40 percent].
	SECTION 7.  Section 232.102, Local Government Code, is 
amended to read as follows:
	Sec. 232.102.  MAJOR THOROUGHFARE PLAN.  By an order adopted 
and entered in the minutes of the commissioners court and after a 
notice is published in a newspaper of general circulation in the 
county, the commissioners court may:
		(1)  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;
		(2)  require a right-of-way on a street or road that 
functions as a major thoroughfare of a width of not more than 120 
feet; or
		(3) [(2)]  require a right-of-way on a street or road 
that functions as a major thoroughfare of a width of more than 120 
feet, if such requirement is consistent with a transportation plan 
adopted by the metropolitan planning organization of the region.
	SECTION 8.  This Act applies only to a plat filed on or after 
the effective date of this Act.
	SECTION 9.  This Act takes effect September 1, 2005.