|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of a county to assess certain costs for |
|
roadway improvements. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 395.001(7), Local Government Code, is |
|
amended to read as follows: |
|
(7) "Political subdivision" means: |
|
(A) a municipality; |
|
(B) [,] a district or authority created under |
|
Article III, Section 52, or Article XVI, Section 59, of the Texas |
|
Constitution; |
|
(C) [, or,] for the purposes set forth by Section |
|
395.079, certain counties described by that section; or |
|
(D) for the purposes set forth by Section |
|
395.011(d), a county. |
|
SECTION 2. Section 395.011, Local Government Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A county may enact or impose impact fees on land in |
|
unincorporated areas of the county for roadway facilities only by |
|
complying with this chapter. |
|
SECTION 3. Section 253.001, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 253.001. APPLICABILITY. This chapter applies only to: |
|
(1) a subdivision, part of a subdivision, or an access |
|
road; or |
|
(2) an arterial street that serves a subdivision in a |
|
county: |
|
(A) with a population of 800,000 or more; and |
|
(B) that contains a portion of the Edwards |
|
Aquifer. |
|
SECTION 4. Section 253.002, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 253.002. DEFINITIONS [DEFINITION]. In this chapter: |
|
(1) "Arterial street" means a street designed to carry |
|
high volumes of through traffic. |
|
(2) "Improvement" [, "improvement"] means |
|
construction or reconstruction [repair]. |
|
SECTION 5. Section 253.003, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 253.003. PROPOSAL FOR COUNTY IMPROVEMENT OF |
|
SUBDIVISION ROADS AND ASSESSMENT OF COSTS. (a) If the |
|
commissioners court of a county determines that the improvement of |
|
a road in a subdivision or of an access road or arterial street |
|
serving [to] a subdivision is necessary for the public health, |
|
safety, or welfare of the residents of the county, the |
|
commissioners court may propose to: |
|
(1) improve the road or street to comply with county |
|
standards for roads; and |
|
(2) assess all or part of the costs of the improvement |
|
pro rata against the record owners of the real property of the |
|
subdivision or a defined part of the subdivision. |
|
(b) The portion of the costs assessed against the property |
|
owners under Subsection (a)(2) for improvements to an arterial |
|
street must be roughly proportional to the subdivision's |
|
anticipated impact on the street. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |