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A BILL TO BE ENTITLED
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AN ACT
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relating to the subdivision requirements that a county may impose |
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for certain driveways. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order |
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adopted and entered in the minutes of the commissioners court, and |
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after a notice is published in a newspaper of general circulation in |
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the county, the commissioners court may: |
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(1) require a right-of-way on a street or road that |
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functions as a main artery in a subdivision, of a width of not less |
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than 50 feet or more than 100 feet; |
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(2) require a right-of-way on any other street or road |
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in a subdivision of not less than 40 feet or more than 70 feet; |
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(3) require that the shoulder-to-shoulder width on |
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collectors or main arteries within the right-of-way be not less |
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than 32 feet or more than 56 feet, and that the shoulder-to-shoulder |
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width on any other street or road be not less than 25 feet or more |
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than 35 feet; |
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(4) adopt, based on the amount and kind of travel over |
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each street or road in a subdivision, reasonable specifications |
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relating to the construction of each street or road; |
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(5) adopt reasonable specifications to provide |
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adequate drainage for each street or road in a subdivision in |
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accordance with standard engineering practices; |
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(6) require that each purchase contract made between a |
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subdivider and a purchaser of land in the subdivision contain a |
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statement describing the extent to which water will be made |
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available to the subdivision and, if it will be made available, how |
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and when; |
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(7) require that the owner of the tract to be |
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subdivided execute a good and sufficient bond in the manner |
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provided by Section 232.004; |
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(8) adopt reasonable specifications that provide for |
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drainage in the subdivision to: |
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(A) efficiently manage the flow of stormwater |
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runoff in the subdivision; and |
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(B) coordinate subdivision drainage with the |
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general storm drainage pattern for the area; [and] |
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(9) require lot and block monumentation to be set by a |
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registered professional surveyor before recordation of the plat; |
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and |
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(10) require that a driveway that can reasonably be |
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expected to be shared by persons not related to each other within |
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the third degree by consanguinity or affinity meet reasonable |
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specifications relating to: |
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(A) construction; |
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(B) the provision of drainage in accordance with |
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standard engineering practices; |
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(C) rights-of-way; and |
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(D) shoulder-to-shoulder width. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |