| 1 | 1 | | 81R4406 JTS-D |
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| 2 | 2 | | By: Hegar S.B. No. 967 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disclosure by the developer of the subdivision of |
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| 8 | 8 | | planned highway projects that will go through or be adjacent to a |
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| 9 | 9 | | subdivision. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 99, Business & Commerce Code, is amended by |
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| 12 | 12 | | adding Chapter 2003 to read as follows: |
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| 13 | 13 | | CHAPTER 2003. ADVERTISING STANDARDS FOR SALE OF PROPERTY LOCATED |
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| 14 | 14 | | IN SUBDIVISION |
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| 15 | 15 | | Sec. 2003.001. ADVERTISING STANDARDS BEFORE SALE: |
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| 16 | 16 | | DISCLOSURE OF HIGHWAY PROJECTS. Brochures, publications, and |
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| 17 | 17 | | advertising of any form relating to subdivided land must indicate |
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| 18 | 18 | | the location of each highway project that: |
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| 19 | 19 | | (1) is contained in: |
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| 20 | 20 | | (A) the Texas Department of Transportation's |
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| 21 | 21 | | unified transportation program; |
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| 22 | 22 | | (B) the Texas Department of Transportation's |
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| 23 | 23 | | statewide transportation improvement program; or |
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| 24 | 24 | | (C) an official planning document of a local |
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| 25 | 25 | | transportation entity, including a regional mobility authority, |
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| 26 | 26 | | regional tollway authority, or county toll road authority; and |
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| 27 | 27 | | (2) is identified in the planning document as going |
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| 28 | 28 | | through or running adjacent to the subdivision. |
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| 29 | 29 | | SECTION 2. Subchapter A, Chapter 212, Local Government |
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| 30 | 30 | | Code, is amended by adding Section 212.0102 to read as follows: |
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| 31 | 31 | | Sec. 212.0102. ADDITIONAL REQUIREMENT: DISCLOSURE OF |
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| 32 | 32 | | HIGHWAY PROJECTS. The municipal authority responsible for |
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| 33 | 33 | | approving plats by ordinance shall require the plat application to |
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| 34 | 34 | | have attached to it a description and map of each highway project |
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| 35 | 35 | | that: |
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| 36 | 36 | | (1) is contained in: |
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| 37 | 37 | | (A) the Texas Department of Transportation's |
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| 38 | 38 | | unified transportation program; |
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| 39 | 39 | | (B) the Texas Department of Transportation's |
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| 40 | 40 | | statewide transportation improvement program; or |
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| 41 | 41 | | (C) an official planning document of a local |
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| 42 | 42 | | transportation entity, including a regional mobility authority, |
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| 43 | 43 | | regional tollway authority, or county toll road authority; and |
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| 44 | 44 | | (2) is identified in the planning document as going |
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| 45 | 45 | | through or running adjacent to the subdivision. |
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| 46 | 46 | | SECTION 3. Subchapter A, Chapter 232, Local Government |
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| 47 | 47 | | Code, is amended by adding Section 232.0034 to read as follows: |
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| 48 | 48 | | Sec. 232.0034. ADDITIONAL REQUIREMENT: DISCLOSURE OF |
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| 49 | 49 | | HIGHWAY PROJECTS. The commissioners court of a county by order |
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| 50 | 50 | | shall require a plat application to have attached to it a |
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| 51 | 51 | | description and map of each highway project that: |
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| 52 | 52 | | (1) is contained in: |
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| 53 | 53 | | (A) the Texas Department of Transportation's |
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| 54 | 54 | | unified transportation program; |
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| 55 | 55 | | (B) the Texas Department of Transportation's |
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| 56 | 56 | | statewide transportation improvement program; or |
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| 57 | 57 | | (C) an official planning document of a local |
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| 58 | 58 | | transportation entity, including a regional mobility authority, |
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| 59 | 59 | | regional tollway authority, or county toll road authority; and |
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| 60 | 60 | | (2) is identified in the planning document as going |
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| 61 | 61 | | through or running adjacent to the subdivision. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2009. |
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