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A BILL TO BE ENTITLED
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AN ACT
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relating to park land dedication requirements for subdivisions by |
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counties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.003, Subchapter A, Local Government |
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Code, is 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) either, based on the size and number of lots |
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within a subdivision and at the discretion of the commissioners |
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court: |
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(A) adopt reasonable specifications for a |
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parkland dedication to provide parks, trails, or similar open-air |
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recreational facilities for the residents of the subdivision; or |
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(B) impose a single fee of equivalent value to a |
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parkland dedication on the subdivider that the county must use for |
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parks or similar projects. |
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SECTION 2. Section 232.025, Subchapter B, Local Government |
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Code, is amended to read as follows: |
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Sec. 232.025. 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 English and Spanish in a newspaper of |
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general circulation in the county, the commissioners court shall |
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for each subdivision: |
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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 |
|
|
in a subdivision of not less than 40 feet or more than 70 feet; |
|
|
(3) require that the shoulder-to-shoulder width on |
|
|
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 |
|
|
width on any other street or road be not less than 25 feet or more |
|
|
than 35 feet; |
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|
(4) adopt, based on the amount and kind of travel over |
|
|
each street or road in a subdivision, reasonable specifications |
|
|
relating to the construction of each street or road; |
|
|
(5) adopt reasonable specifications to provide |
|
|
adequate drainage for each street or road in a subdivision in |
|
|
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 how and when water, sewer, electricity, and |
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and gas services will be made available to the subdivision; and |
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(7) require that the subdivider of the tract execute a |
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bond in the manner provided by Section 232.027.; and |
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(8) either, based on the size and number of lots within |
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a subdivision and at the discretion of the commissioners court: |
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(A) adopt reasonable specifications for a |
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parkland dedication to provide parks, trails, or similar open-air |
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recreational facilities for the residents of the subdivision; or |
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(B) impose a single fee of equivalent value to a |
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parkland dedication on the subdivider that must be used by the |
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county for parks or similar projects. |
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SECTION 3. This Act takes effect September 1, 2025. |