Texas 2009 - 81st Regular

Texas House Bill HB2693 Compare Versions

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Old	New	Differences
1	1	81R26772 JTS-D
2	2	By: Rodriguez H.B. No. 2693
3	3	Substitute the following for H.B. No. 2693:
4	4	By: Marquez C.S.H.B. No. 2693
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of certain counties to assess certain
10	10	costs for roadway improvements.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 395.001(7), Local Government Code, is
13	13	amended to read as follows:
14	14	(7) "Political subdivision" means:
15	15	(A) a municipality;
16	16	(B) [,] a district or authority created under
17	17	Article III, Section 52, or Article XVI, Section 59, of the Texas
18	18	Constitution;
19	19	(C) [, or,] for the purposes set forth by Section
20	20	395.079, certain counties described by that section; or
21	21	(D) for the purposes set forth by Section
22	22	395.011(d), a county:
23	23	(i) with a population greater than 800,000;
24	24	and
25	25	(ii) that is located over a portion of the
26	26	Barton Springs segment of the Edwards Aquifer.
27	27	SECTION 2. Section 395.011, Local Government Code, is
28	28	amended by adding Subsection (d) to read as follows:
29	29	(d) A county described by Section 395.001(7)(D) may enact or
30	30	impose impact fees on land in unincorporated areas of the county for
31	31	roadway facilities only by complying with this chapter.
32	32	SECTION 3. Section 253.001, Transportation Code, is amended
33	33	to read as follows:
34	34	Sec. 253.001. APPLICABILITY. This chapter applies only to:
35	35	(1) a subdivision, part of a subdivision, or an access
36	36	road; or
37	37	(2) an arterial street that serves a subdivision in a
38	38	county:
39	39	(A) with a population of 800,000 or more; and
40	40	(B) that is located over a portion of the Barton
41	41	Springs segment of the Edwards Aquifer.
42	42	SECTION 4. Section 253.002, Transportation Code, is amended
43	43	to read as follows:
44	44	Sec. 253.002. DEFINITIONS [DEFINITION]. In this chapter:
45	45	(1) "Arterial street" means a street designed to carry
46	46	high volumes of through traffic.
47	47	(2) "Improvement" [, "improvement"] means
48	48	construction or reconstruction [repair].
49	49	SECTION 5. Section 253.003, Transportation Code, is amended
50	50	to read as follows:
51	51	Sec. 253.003. PROPOSAL FOR COUNTY IMPROVEMENT OF
52	52	SUBDIVISION ROADS AND ASSESSMENT OF COSTS. (a) If the
53	53	commissioners court of a county determines that the improvement of
54	54	a road in a subdivision or of an access road or arterial street
55	55	described by Section 253.001(2) serving [to] a subdivision is
56	56	necessary for the public health, safety, or welfare of the
57	57	residents of the county, the commissioners court may propose to:
58	58	(1) improve the road or street to comply with county
59	59	standards for roads; and
60	60	(2) assess all or part of the costs of the improvement
61	61	pro rata against the record owners of the real property of the
62	62	subdivision or a defined part of the subdivision.
63	63	(b) The portion of the costs assessed against the property
64	64	owners under Subsection (a)(2) for improvements to an arterial
65	65	street must be roughly proportional to the subdivision's
66	66	anticipated impact on the street.
67	67	SECTION 6. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2009.