HB 5380

relating to park land dedication requirements for subdivisions by
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
(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
(7)  require that the owner of the tract to be
subdivided execute a good and sufficient bond in the manner
(8)  adopt reasonable specifications that provide for
drainage in the subdivision to:
(A)  efficiently manage the flow of stormwater
(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.;
(10)  either, based on the size and number of lots
within a subdivision and at the discretion of the commissioners
(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
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
(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
(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.