81R26772 JTS-D
By: Rodriguez H.B. No. 2693
Substitute the following for H.B. No. 2693:
By: Marquez C.S.H.B. No. 2693
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties 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:
(i) with a population greater than 800,000;
and
(ii) that is located over a portion of the
Barton Springs segment of the Edwards Aquifer.
SECTION 2. Section 395.011, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) A county described by Section 395.001(7)(D) 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 is located over a portion of the Barton
Springs segment 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
described by Section 253.001(2) 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.