HB5380 - Relating to park land dedication requirements for subdivisions by counties; authorizing a fee.

      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.