| 1 | 1 | | 89R13572 SCL-D |
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| 2 | 2 | | By: Money H.B. No. 4007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a county to adopt subdivision |
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| 10 | 10 | | requirements that include reasonable specifications for lot size, |
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| 11 | 11 | | setback lines, and side lot lines. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 232.003, Local Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order |
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| 16 | 16 | | adopted and entered in the minutes of the commissioners court, and |
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| 17 | 17 | | after a notice is published in a newspaper of general circulation in |
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| 18 | 18 | | the county, the commissioners court may: |
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| 19 | 19 | | (1) require a right-of-way on a street or road that |
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| 20 | 20 | | functions as a main artery in a subdivision, of a width of not less |
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| 21 | 21 | | than 50 feet or more than 100 feet; |
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| 22 | 22 | | (2) require a right-of-way on any other street or road |
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| 23 | 23 | | in a subdivision of not less than 40 feet or more than 70 feet; |
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| 24 | 24 | | (3) require that the shoulder-to-shoulder width on |
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| 25 | 25 | | collectors or main arteries within the right-of-way be not less |
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| 26 | 26 | | than 32 feet or more than 56 feet, and that the shoulder-to-shoulder |
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| 27 | 27 | | width on any other street or road be not less than 25 feet or more |
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| 28 | 28 | | than 35 feet; |
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| 29 | 29 | | (4) adopt, based on the amount and kind of travel over |
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| 30 | 30 | | each street or road in a subdivision, reasonable specifications |
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| 31 | 31 | | relating to the construction of each street or road; |
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| 32 | 32 | | (5) adopt reasonable specifications to provide |
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| 33 | 33 | | adequate drainage for each street or road in a subdivision in |
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| 34 | 34 | | accordance with standard engineering practices; |
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| 35 | 35 | | (6) require that each purchase contract made between a |
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| 36 | 36 | | subdivider and a purchaser of land in the subdivision contain a |
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| 37 | 37 | | statement describing the extent to which water will be made |
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| 38 | 38 | | available to the subdivision and, if it will be made available, how |
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| 39 | 39 | | and when; |
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| 40 | 40 | | (7) require that the owner of the tract to be |
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| 41 | 41 | | subdivided execute a good and sufficient bond in the manner |
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| 42 | 42 | | provided by Section 232.004; |
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| 43 | 43 | | (8) adopt reasonable specifications that provide for |
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| 44 | 44 | | drainage in the subdivision to: |
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| 45 | 45 | | (A) efficiently manage the flow of stormwater |
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| 46 | 46 | | runoff in the subdivision; and |
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| 47 | 47 | | (B) coordinate subdivision drainage with the |
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| 48 | 48 | | general storm drainage pattern for the area; [and] |
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| 49 | 49 | | (9) require lot and block monumentation to be set by a |
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| 50 | 50 | | registered professional surveyor before recordation of the plat; |
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| 51 | 51 | | and |
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| 52 | 52 | | (10) adopt reasonable specifications for lot size, |
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| 53 | 53 | | setback lines, and side lot lines. |
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| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2025. |
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