89R3081 DRS-D

By: Campbell S.B. No. 1954

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to regulate land use in certain areas in and around hydrologically sensitive areas.

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

SECTION 1. Chapter 231, Local Government Code, is amended by adding Subchapter N to read as follows:

SUBCHAPTER N. ZONING NEAR CERTAIN WATER QUALITY PROTECTED AREAS

Sec. 231.301. DEFINITION. In this subchapter, "development plan" has the meaning assigned by Section 232.00285.

Sec. 231.302. PROTECTED AREAS. The regulatory authority granted under this subchapter applies only to an area designated by the commissioners court of a county as a protected area for the purpose of protecting public health and safety by regulating land use and development in a hydrologically sensitive area, including an aquifer recharge zone, floodplain, karst topographic area, riparian area, or other watershed.

Sec. 231.303. ADOPTION OF SUBCHAPTER. This subchapter applies only to a county for which the commissioners court by order has adopted this subchapter following an election held under Section 231.305.

Sec. 231.304. PETITION FOR ADOPTION. (a) A person may submit a petition to the county clerk of a county to request that the county hold an election on the question of adopting this subchapter.

(b) The petition must:

(1) be signed by a number of registered voters in the county that is equal to at least 10 percent of the number of votes received by all candidates for governor in the most recent gubernatorial general election in the county;

(2) include each signer's current voter registration number, printed name, and residence address, including zip code;

(3) include a signature date entered by each signer next to the signer's signature; and

(4) include a statement on each page of the petition preceding the space for signatures in substantially the following form: "This petition is to request that an election be held in (name of county) to authorize the county to adopt zoning and building regulations applicable in protected areas designated by the county for the protection of water quality."

(c) A petition signature is not valid if:

(1) the signer fails to enter the date the signer signs the petition; or

(2) the date is earlier than the 90th day before the date the petition is submitted to the county clerk.

(d) Not later than the 30th day after the date the county clerk receives a petition under this section, the clerk shall provide a written determination on whether the petition is valid to the commissioners court of the county.

(e) If the county clerk determines the petition is invalid, the clerk shall provide written notice to the commissioners court and the person submitting the petition, which must include each reason the clerk determines the petition is invalid.

Sec. 231.305. ADOPTION ELECTION. (a) After receipt of the county clerk's determination of a valid petition under Section 231.304, the commissioners court of the county shall order an election on the question of adopting this subchapter.

(b) An election held under this section must be held on the first uniform election date after the date the commissioners court receives the county clerk's determination of a valid petition under Section 231.304 that allows sufficient time to comply with other requirements of law.

(c) The ballot for the election must be printed to provide for voting for or against the following proposition: "Granting authority to the county to adopt zoning and building regulations applicable in protected areas designated by the county for the protection of water quality."

(d) If a majority of the votes cast in the election favor the proposition, the commissioners court shall adopt by order this subchapter at the next scheduled meeting of the court.

Sec. 231.306. AUTHORITY TO REGULATE. (a) The commissioners court of a county by order may:

(1) designate one or more geographic areas in the county as a protected area under Section 231.302; and

(2) adopt regulations authorized by this subchapter that apply only to an area designated by the commissioners court as a protected area.

(b) A commissioners court may regulate:

(1) the height, number of stories, or size of buildings;

(2) the percentage of a lot that may be occupied;

(3) the size of yards and other spaces;

(4) population density;

(5) the location and use of buildings and land for commercial, industrial, residential, or other purposes; and

(6) building construction standards.

(c) A commissioners court may require a person to submit a development plan during the plat approval process for land any part of which is located in a protected area designated by the commissioners court under this subchapter.

(d) A commissioners court may not regulate:

(1) the use, design, or placement of public utility buildings, land, or facilities; or

(2) for siting or zoning purposes, new manufactured or industrialized housing that is constructed to preemptive state or federal building standards in any manner that is different from regulation of site-built housing.

Sec. 231.307. PLANNING COMMISSION; MEMBERS. (a) The commissioners court of a county shall appoint a planning commission for each protected area in the county. Each planning commission must consist of:

(1) five members appointed by the county judge;

(2) one member appointed by each county commissioner; and

(3) one member appointed by the mayor of each municipality in which any part of the protected area covered by the planning commission is located.

(b) Members appointed to the planning commission must reside in the jurisdiction of the person appointing the member. Members appointed by the county judge must own land in the county.

(c) A member appointed to the initial planning commission serves a term that expires on February 1 of the first odd-numbered year after the date of the member's appointment. Except for a member appointed to the initial commission, a member of a planning commission serves a two-year term beginning February 1 of each odd-numbered year.

(d) A planning commission shall annually elect a presiding officer and vice presiding officer from among its members.

(e) A county shall employ necessary staff for a planning commission to carry out its duties.

Sec. 231.308. PLANNING COMMISSION: POWERS AND DUTIES. (a) A planning commission established for a protected area under this subchapter shall recommend to the commissioners court:

(1) boundaries for the protected area; and

(2) appropriate zoning regulations for the protected area.

(b) A planning commission shall seek input from appropriately qualified scientists, including hydrologists, geologists, and environmental scientists, to determine the appropriate size and extent of the protected area for the purpose of recommending boundaries for the protected area under Subsection (a).

(c) A planning commission may not recommend boundaries for a protected area that are located:

(1) outside the boundary of a 100-year floodplain as determined by the most recent maps published by the Federal Emergency Management Agency;

(2) less than 200 feet from the boundary of a riparian zone;

(3) less than 300 feet from the boundary of an aquifer recharge zone; or

(4) less than 500 feet from the boundary of a karst topographic area.

(d) A planning commission may conduct a study of the protected area under its jurisdiction to inform the planning commission's advice to the commissioners court about the boundaries of the protected area, regulations that apply in the protected area, and proposed changes to the boundaries or regulations. A planning commission shall conduct a study described by this subsection on request of the commissioners court.

Sec. 231.309. PLANNING COMMISSION REPORT; PUBLIC HEARING. (a) A planning commission that conducts a study under Section 231.308(d) shall prepare a report based on the study and present it to the commissioners court.

(b) Before a planning commission prepares a report under this section, the planning commission shall:

(1) hold a public hearing at which members of the public may present testimony about any subject to be included in the report; and

(2) give notice of a public hearing to be held under this section as required by the commissioners court.

(c) If a study conducted under Section 231.308(d) advises the planning commission to change the zoning classification of a parcel of land, the planning commission shall send written notice to each landowner, as listed on the county tax rolls, whose land would be directly affected by the advised change in zoning classification or is located within 500 feet of land directly affected by the advised change in zoning classification. The notice must:

(1) inform the landowner of the time and place of the public hearing held under Subsection (b) at which the landowner may present testimony to the commission about the advised change in zoning classification; and

(2) be deposited in the United States mail before the 10th day before the date of the hearing held under Subsection (b).

Sec. 231.310. ADOPTION OF ORDER AFTER RECEIPT OF REPORT. The commissioners court may adopt an order relating to a zoning classification or regulation affecting a protected area under this subchapter only after the commissioners court receives a report prepared under Section 231.309 relating to the protected area.

Sec. 231.311. SPECIAL EXCEPTIONS. (a) The commissioners court may grant a special exception to an order or regulation adopted under this subchapter if the commissioners court finds that the special exception will not be contrary to the public interest and that a literal enforcement of the order or regulation would result in an unnecessary hardship.

(b) The commissioners court shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.

Sec. 231.312. CONFLICT WITH OTHER ACTION OR REGULATION. In the event of a conflict between an order adopted under this subchapter and an action or regulation of a municipality or special-purpose district or authority, the more stringent regulation prevails. A more stringent regulation is the regulation that imposes a higher standard.

Sec. 231.313. ENFORCEMENT. (a) The county attorney or other prosecuting attorney representing the county in the district court may file an action to enjoin a violation or threatened violation of a regulation adopted under this subchapter. The court may grant appropriate relief.

(b) If an order adopted under this subchapter defines an offense, an offense under that order is a Class C misdemeanor.

SECTION 2. Section 232.0025, Local Government Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:

(d) Except as provided by Subsections (d-1) and [Subsection] (f), the commissioners court or the county authority responsible for approving plats shall approve, approve with conditions, or disapprove a plat application not later than the 30th day after the date the completed application is received by the commissioners court or the county authority. An application is approved by the commissioners court or the county authority unless the application is disapproved within that period and in accordance with Section 232.0026.

(d-1) The commissioners court or the county authority responsible for approving plats of a county that has exercised the regulatory authority granted under Subchapter N, Chapter 231, may not approve with conditions a plat application for land any part of which is located in a protected area regulated by the county under that subchapter if the conditions relate to the protected area.

SECTION 3. Section 232.00285, Local Government Code, is amended by adding Subsection (c) to read as follows:

(c) A county that has exercised the regulatory authority granted under Subchapter N, Chapter 231, may require a person to submit a development plan during the plat approval process required by this subchapter.

SECTION 4. This Act takes effect September 1, 2025.