| 1 | 1 | | By: Holland H.B. No. 1916 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to approval of subdivision plats, improvement projects, |
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| 7 | 7 | | and certain special districts by certain counties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 232, Local Government |
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| 10 | 10 | | Code, is amended by adding Section 232.012 to read as follows: |
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| 11 | 11 | | Sec. 232.012. COUNTY APPROVAL FOR CERTAIN DISTRICTS AND |
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| 12 | 12 | | IMPROVEMENTS. (a) This section applies only to: |
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| 13 | 13 | | (1) a county with: |
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| 14 | 14 | | (A) a population of 100,000 or more; and |
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| 15 | 15 | | (B) a total area that is less than 250 square |
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| 16 | 16 | | miles; and |
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| 17 | 17 | | (2) a district subject to Chapter 49, Water Code, or |
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| 18 | 18 | | Chapter 372, of this code, that is: |
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| 19 | 19 | | (A) wholly located outside the corporate limits |
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| 20 | 20 | | or extraterritorial jurisdiction of a municipality; and |
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| 21 | 21 | | (B) located in a county described by Subdivision |
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| 22 | 22 | | (1). |
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| 23 | 23 | | (b) A plat application submitted to a county subject to this |
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| 24 | 24 | | section must include a plan for the provision of emergency |
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| 25 | 25 | | services, including public safety, fire suppression, and emergency |
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| 26 | 26 | | medical services, to the tract of land. |
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| 27 | 27 | | (c) A developer of a subdivision of land outside the |
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| 28 | 28 | | corporate limits or extraterritorial jurisdiction of a |
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| 29 | 29 | | municipality must obtain the written approval of the commissioners |
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| 30 | 30 | | court of the county before finalizing the plans and specifications |
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| 31 | 31 | | for an improvement project that is: |
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| 32 | 32 | | (1) a road or drainage improvement that is within a |
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| 33 | 33 | | plat that is subject to the platting jurisdiction of the county; |
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| 34 | 34 | | (2) a road or drainage improvement to be located on the |
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| 35 | 35 | | property, right-of-way, or easement of the county; or |
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| 36 | 36 | | (3) a dedication of right-of-way of a road or highway |
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| 37 | 37 | | by the developer to the county. |
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| 38 | 38 | | (d) A copy of the final official statement of bonds issued |
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| 39 | 39 | | for an improvement described by Subsection (c) shall be provided by |
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| 40 | 40 | | a district or other issuer of the bonds to the county clerk within |
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| 41 | 41 | | 60 days of the date of closing of the transaction. The official |
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| 42 | 42 | | statement shall include a statement on the cover that the bonds are |
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| 43 | 43 | | not obligations of the county. |
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| 44 | 44 | | (e) A developer of a subdivision of land outside the |
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| 45 | 45 | | corporate limits or extraterritorial jurisdiction of a |
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| 46 | 46 | | municipality, but within a district, shall include a note on plats |
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| 47 | 47 | | that the land is within a district that levies a tax or assessment |
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| 48 | 48 | | and that the infrastructure to serve the land is financed, |
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| 49 | 49 | | designed, and constructed by the district, not the county. The |
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| 50 | 50 | | county shall prescribe the form and wording of the plat note. |
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| 51 | 51 | | (f) A district that is subject to Subchapter M, Chapter 49, |
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| 52 | 52 | | Water Code, or Section 5.014, Property Code, shall include in the |
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| 53 | 53 | | required form of notice to purchasers the following statement: |
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| 54 | 54 | | "The district is located in the unincorporated area of the county |
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| 55 | 55 | | and not within any city jurisdiction. The infrastructure to serve |
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| 56 | 56 | | the property is designed and constructed by the district, and not |
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| 57 | 57 | | the county." |
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| 58 | 58 | | (g) The creation of a district shall be reviewed by the |
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| 59 | 59 | | county as provided by this subsection. Promptly after a petition is |
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| 60 | 60 | | filed with the Texas Commission on Environmental Quality or its |
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| 61 | 61 | | successor agency to create a district, the commission shall notify |
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| 62 | 62 | | the commissioners court of the county. The county shall review the |
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| 63 | 63 | | petition and application for creation and other evidence and |
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| 64 | 64 | | information relating to the proposed district. In the event the |
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| 65 | 65 | | commissioners court votes to submit information to the commission |
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| 66 | 66 | | or to make a recommendation regarding the creation of the proposed |
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| 67 | 67 | | district, the commissioners court, at least 10 days before the date |
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| 68 | 68 | | set for action on the petition, shall provide to the commission a |
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| 69 | 69 | | written recommendation and findings, conclusions, and other |
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| 70 | 70 | | information supporting the recommendation. The commission shall |
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| 71 | 71 | | consider the written opinion submitted by the county. |
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| 72 | 72 | | SECTION 2. This Act takes effect September 1, 2023. |
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