Bill Text: TX HB1916 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to approval of subdivision plats, improvement projects, and certain special districts by certain counties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-21 - Vote taken in committee [HB1916 Detail]
Download: Texas-2023-HB1916-Engrossed.html
By: Holland | H.B. No. 1916 |
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relating to approval of subdivision plats, improvement projects, | ||
and certain special districts by certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.012 to read as follows: | ||
Sec. 232.012. COUNTY APPROVAL FOR CERTAIN DISTRICTS AND | ||
IMPROVEMENTS. (a) This section applies only to: | ||
(1) a county with: | ||
(A) a population of 100,000 or more; and | ||
(B) a total area that is less than 250 square | ||
miles; and | ||
(2) a district subject to Chapter 49, Water Code, or | ||
Chapter 372, of this code, that is: | ||
(A) wholly located outside the corporate limits | ||
or extraterritorial jurisdiction of a municipality; and | ||
(B) located in a county described by Subdivision | ||
(1). | ||
(b) A plat application submitted to a county subject to this | ||
section must include a plan for the provision of emergency | ||
services, including public safety, fire suppression, and emergency | ||
medical services, to the tract of land. | ||
(c) A developer of a subdivision of land outside the | ||
corporate limits or extraterritorial jurisdiction of a | ||
municipality must obtain the written approval of the commissioners | ||
court of the county before finalizing the plans and specifications | ||
for an improvement project that is: | ||
(1) a road or drainage improvement that is within a | ||
plat that is subject to the platting jurisdiction of the county; | ||
(2) a road or drainage improvement to be located on the | ||
property, right-of-way, or easement of the county; or | ||
(3) a dedication of right-of-way of a road or highway | ||
by the developer to the county. | ||
(d) A copy of the final official statement of bonds issued | ||
for an improvement described by Subsection (c) shall be provided by | ||
a district or other issuer of the bonds to the county clerk within | ||
60 days of the date of closing of the transaction. The official | ||
statement shall include a statement on the cover that the bonds are | ||
not obligations of the county. | ||
(e) A developer of a subdivision of land outside the | ||
corporate limits or extraterritorial jurisdiction of a | ||
municipality, but within a district, shall include a note on plats | ||
that the land is within a district that levies a tax or assessment | ||
and that the infrastructure to serve the land is financed, | ||
designed, and constructed by the district, not the county. The | ||
county shall prescribe the form and wording of the plat note. | ||
(f) A district that is subject to Subchapter M, Chapter 49, | ||
Water Code, or Section 5.014, Property Code, shall include in the | ||
required form of notice to purchasers the following statement: | ||
"The district is located in the unincorporated area of the county | ||
and not within any city jurisdiction. The infrastructure to serve | ||
the property is designed and constructed by the district, and not | ||
the county." | ||
(g) The creation of a district shall be reviewed by the | ||
county as provided by this subsection. Promptly after a petition is | ||
filed with the Texas Commission on Environmental Quality or its | ||
successor agency to create a district, the commission shall notify | ||
the commissioners court of the county. The county shall review the | ||
petition and application for creation and other evidence and | ||
information relating to the proposed district. In the event the | ||
commissioners court votes to submit information to the commission | ||
or to make a recommendation regarding the creation of the proposed | ||
district, the commissioners court, at least 10 days before the date | ||
set for action on the petition, shall provide to the commission a | ||
written recommendation and findings, conclusions, and other | ||
information supporting the recommendation. The commission shall | ||
consider the written opinion submitted by the county. | ||
SECTION 2. This Act takes effect September 1, 2023. |