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. | ||
