Relating to traffic impact studies conducted before the issuance of certain municipal utility district bonds.

89(R) HB 447 - House Committee Report version - Bill Text

89R27459 ANG-D

By: Bell of Kaufman

H.B. No. 447

Substitute the following for H.B. No. 447:

By: Gates

C.S.H.B. No. 447

A BILL TO BE ENTITLED

AN ACT

relating to traffic impact studies conducted before the issuance of

certain municipal utility district bonds.

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

SECTION 1. Subchapter F, Chapter 54, Water Code, is amended

by adding Section 54.5162 to read as follows:

Sec.

54.5162.

TRAFFIC IMPACT STUDIES CONDUCTED BEFORE

ISSUANCE OF CERTAIN BONDS. (a)

This section applies only to a

district that is:

(1)

authorized by general or special law to exercise

the power of eminent domain; and

(2) located wholly or partly in a county that:

(A)

contains a portion of the Cedar Creek

Reservoir; and

(B)

borders a county with a population of 2.6

million or more.

(b)

A district may not issue bonds to finance a road project

unless the district:

(1)

conducts a traffic impact study of that portion of

each farm-to-market road, county road, state highway, interstate

highway, or other public road, including each intersection of the

road, located:

(A) inside the district; or

(B)

within one-half mile of the district if the

road:

(i)

crosses the boundaries of the district;

or

(ii)

intersects a public road that crosses

the boundaries of the district; and

(2)

submits the results of the study to the

commissioners court of each county in which the district is

located.

(c)

Notwithstanding Subsection (b), a district is not

required to conduct a traffic impact study of that portion of a

public road, including any intersection of the road, that is

located in another district with authority for road projects under

Section 52, Article III, Texas Constitution.

(d)

A traffic impact study conducted under this section must

project for each public road or intersection subject to the study

the potential changes to traffic patterns and volumes that would

result from the proposed road project.

(e)

A traffic impact study conducted under this section must

be:

(1)

conducted and submitted before the tract of land

served by the road project is platted; and

(2)

updated if the original plat on file with the

county is revised or amended on or after the second anniversary of

the date the plat was submitted to the county.

(f)

The commissioners court of a county may waive the

requirements of this section at the discretion of the commissioners

court.

(g)

A traffic impact study conducted under this section

expires on the second anniversary of the date the study was

conducted. The commissioners court of a county may accept under

Subsection (b) a traffic impact study that has expired at the

discretion of the commissioners court.

SECTION 2. The changes in law made by this Act apply only to

bonds issued on or after the effective date of this Act. Bonds

issued before the effective date of this Act are governed by the law

in effect when the bonds were issued, and that former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.