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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to assess certain |
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costs for roadway improvements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 395.001(7), Local Government Code, is |
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amended to read as follows: |
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(7) "Political subdivision" means: |
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(A) a municipality; |
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(B) [,] a district or authority created under |
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Article III, Section 52, or Article XVI, Section 59, of the Texas |
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Constitution; |
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(C) [, or,] for the purposes set forth by Section |
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395.079, certain counties described by that section; or |
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(D) for the purposes set forth by Section |
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395.011(d), a county: |
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(i) with a population greater than 800,000; |
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and |
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(ii) that is located over a portion of the |
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Barton Springs segment of the Edwards Aquifer. |
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SECTION 2. Section 395.011, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A county described by Section 395.001(7)(D) may enact or |
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impose impact fees on land in unincorporated areas of the county for |
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roadway facilities only by complying with this chapter. |
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SECTION 3. Section 253.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 253.001. APPLICABILITY. This chapter applies only to: |
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(1) a subdivision, part of a subdivision, or an access |
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road; or |
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(2) an arterial street that serves a subdivision in a |
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county: |
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(A) with a population of 800,000 or more; and |
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(B) that is located over a portion of the Barton |
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Springs segment of the Edwards Aquifer. |
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SECTION 4. Section 253.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 253.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Arterial street" means a street designed to carry |
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high volumes of through traffic. |
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(2) "Improvement" [, "improvement"] means |
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construction or reconstruction [repair]. |
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SECTION 5. Section 253.003, Transportation Code, is amended |
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to read as follows: |
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Sec. 253.003. PROPOSAL FOR COUNTY IMPROVEMENT OF |
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SUBDIVISION ROADS AND ASSESSMENT OF COSTS. (a) If the |
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commissioners court of a county determines that the improvement of |
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a road in a subdivision or of an access road or arterial street |
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described by Section 253.001(2) serving [to] a subdivision is |
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necessary for the public health, safety, or welfare of the |
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residents of the county, the commissioners court may propose to: |
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(1) improve the road or street to comply with county |
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standards for roads; and |
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(2) assess all or part of the costs of the improvement |
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pro rata against the record owners of the real property of the |
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subdivision or a defined part of the subdivision. |
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(b) The portion of the costs assessed against the property |
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owners under Subsection (a)(2) for improvements to an arterial |
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street must be roughly proportional to the subdivision's |
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anticipated impact on the street. |
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SECTION 6. 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, 2009. |