counties may set “reasonable” lot sizes and setback lines

The text as introduced · 445 words

89R13572 SCL-D

By: Money
H.B. No. 4007

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to adopt subdivision

requirements that include reasonable specifications for lot size,

setback lines, and side lot lines.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 232.003, 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) adopt reasonable specifications for lot size,

setback lines, and side lot lines .

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.