By: Walle H.B. No. 5380
A BILL TO BE ENTITLED
AN ACT
relating to park land dedication requirements for subdivisions by
counties; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.003, Subchapter A, Local Government
Code, is amended to read as follows:
Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order
adopted and entered in the minutes of the commissioners court, and
after a notice is published in a newspaper of general circulation in
the county, the commissioners court may:
(1) require a right-of-way on a street or road that
functions as a main artery in a subdivision, of a width of not less
than 50 feet or more than 100 feet;
(2) require a right-of-way on any other street or road
in a subdivision of not less than 40 feet or more than 70 feet;
(3) require that the shoulder-to-shoulder width on
collectors or main arteries within the right-of-way be not less
than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
width on any other street or road be not less than 25 feet or more
than 35 feet;
(4) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road;
(5) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices;
(6) require that each purchase contract made between a
subdivider and a purchaser of land in the subdivision contain a
statement describing the extent to which water will be made
available to the subdivision and, if it will be made available, how
and when;
(7) require that the owner of the tract to be
subdivided execute a good and sufficient bond in the manner
provided by Section 232.004;
(8) adopt reasonable specifications that provide for
drainage in the subdivision to:
(A) efficiently manage the flow of stormwater
runoff in the subdivision; and
(B) coordinate subdivision drainage with the
general storm drainage pattern for the area; and
(9) require lot and block monumentation to be set by a
registered professional surveyor before recordation of the plat.;
and
(10) either, based on the size and number of lots
within a subdivision and at the discretion of the commissioners
court:
(A) adopt reasonable specifications for a
parkland dedication to provide parks, trails, or similar open-air
recreational facilities for the residents of the subdivision; or
(B) impose a single fee of equivalent value to a
parkland dedication on the subdivider that the county must use for
parks or similar projects.
SECTION 2. Section 232.025, Subchapter B, Local Government
Code, is amended to read as follows:
Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order
adopted and entered in the minutes of the commissioners court, and
after a notice is published in English and Spanish in a newspaper of
general circulation in the county, the commissioners court shall
for each subdivision:
(1) require a right-of-way on a street or road that
functions as a main artery in a subdivision, of a width of not less
than 50 feet or more than 100 feet;
(2) require a right-of-way on any other street or road
in a subdivision of not less than 40 feet or more than 70 feet;
(3) require that the shoulder-to-shoulder width on
collectors or main arteries within the right-of-way be not less
than 32 feet or more than 56 feet, and that the shoulder-to-shoulder
width on any other street or road be not less than 25 feet or more
than 35 feet;
(4) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road;
(5) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices;
(6) require that each purchase contract made between a
subdivider and a purchaser of land in the subdivision contain a
statement describing how and when water, sewer, electricity, and
and gas services will be made available to the subdivision; and
(7) require that the subdivider of the tract execute a
bond in the manner provided by Section 232.027.; and
(8) either, based on the size and number of lots within
a subdivision and at the discretion of the commissioners court:
(A) adopt reasonable specifications for a
parkland dedication to provide parks, trails, or similar open-air
recreational facilities for the residents of the subdivision; or
(B) impose a single fee of equivalent value to a
parkland dedication on the subdivider that must be used by the
county for parks or similar projects.
SECTION 3. This Act takes effect September 1, 2025.