Texas 2025 - 89th Regular

Texas House Bill HB5380 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Walle H.B. No. 5380
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to park land dedication requirements for subdivisions by
7	9		counties; authorizing a fee.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 232.003, Subchapter A, Local Government
10	12		Code, is amended to read as follows:
11	13		Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order
12	14		adopted and entered in the minutes of the commissioners court, and
13	15		after a notice is published in a newspaper of general circulation in
14	16		the county, the commissioners court may:
15	17		(1) require a right-of-way on a street or road that
16	18		functions as a main artery in a subdivision, of a width of not less
17	19		than 50 feet or more than 100 feet;
18	20		(2) require a right-of-way on any other street or road
19	21		in a subdivision of not less than 40 feet or more than 70 feet;
20	22		(3) require that the shoulder-to-shoulder width on
21	23		collectors or main arteries within the right-of-way be not less
22	24		than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
23	25		width on any other street or road be not less than 25 feet or more
24	26		than 35 feet;
25	27		(4) adopt, based on the amount and kind of travel over
26	28		each street or road in a subdivision, reasonable specifications
27	29		relating to the construction of each street or road;
28	30		(5) adopt reasonable specifications to provide
29	31		adequate drainage for each street or road in a subdivision in
30	32		accordance with standard engineering practices;
31	33		(6) require that each purchase contract made between a
32	34		subdivider and a purchaser of land in the subdivision contain a
33	35		statement describing the extent to which water will be made
34	36		available to the subdivision and, if it will be made available, how
35	37		and when;
36	38		(7) require that the owner of the tract to be
37	39		subdivided execute a good and sufficient bond in the manner
38	40		provided by Section 232.004;
39	41		(8) adopt reasonable specifications that provide for
40	42		drainage in the subdivision to:
41	43		(A) efficiently manage the flow of stormwater
42	44		runoff in the subdivision; and
43	45		(B) coordinate subdivision drainage with the
44	46		general storm drainage pattern for the area; and
45	47		(9) require lot and block monumentation to be set by a
46	48		registered professional surveyor before recordation of the plat.;
47	49		and
48	50		(10) either, based on the size and number of lots
49	51		within a subdivision and at the discretion of the commissioners
50	52		court:
51	53		(A) adopt reasonable specifications for a
52	54		parkland dedication to provide parks, trails, or similar open-air
53	55		recreational facilities for the residents of the subdivision; or
54	56		(B) impose a single fee of equivalent value to a
55	57		parkland dedication on the subdivider that the county must use for
56	58		parks or similar projects.
57	59		SECTION 2. Section 232.025, Subchapter B, Local Government
58	60		Code, is amended to read as follows:
59	61		Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order
60	62		adopted and entered in the minutes of the commissioners court, and
61	63		after a notice is published in English and Spanish in a newspaper of
62	64		general circulation in the county, the commissioners court shall
63	65		for each subdivision:
64	66		(1) require a right-of-way on a street or road that
65	67		functions as a main artery in a subdivision, of a width of not less
66	68		than 50 feet or more than 100 feet;
67	69		(2) require a right-of-way on any other street or road
68	70		in a subdivision of not less than 40 feet or more than 70 feet;
69	71		(3) require that the shoulder-to-shoulder width on
70	72		collectors or main arteries within the right-of-way be not less
71	73		than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
72	74		width on any other street or road be not less than 25 feet or more
73	75		than 35 feet;
74	76		(4) adopt, based on the amount and kind of travel over
75	77		each street or road in a subdivision, reasonable specifications
76	78		relating to the construction of each street or road;
77	79		(5) adopt reasonable specifications to provide
78	80		adequate drainage for each street or road in a subdivision in
79	81		accordance with standard engineering practices;
80	82		(6) require that each purchase contract made between a
81	83		subdivider and a purchaser of land in the subdivision contain a
82	84		statement describing how and when water, sewer, electricity, and
83	85		and gas services will be made available to the subdivision; and
84	86		(7) require that the subdivider of the tract execute a
85	87		bond in the manner provided by Section 232.027.; and
86	88		(8) either, based on the size and number of lots within
87	89		a subdivision and at the discretion of the commissioners court:
88	90		(A) adopt reasonable specifications for a
89	91		parkland dedication to provide parks, trails, or similar open-air
90	92		recreational facilities for the residents of the subdivision; or
91	93		(B) impose a single fee of equivalent value to a
92	94		parkland dedication on the subdivider that must be used by the
93	95		county for parks or similar projects.
94	96		SECTION 3. This Act takes effect September 1, 2025.