By: Maxey H.B. No. 2167
73R5005 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county and municipal zoning powers and zoning
1-3 recommendations of the Texas Natural Resource Conservation
1-4 Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 361, Health and Safety
1-7 Code, is amended by adding Section 361.115 to read as follows:
1-8 Sec. 361.115. ZONING RECOMMENDATION. (a) The commission,
1-9 before granting or amending a permit under this subchapter, may
1-10 recommend to a county or municipality that the county or
1-11 municipality adopt a zoning ordinance if an emission model or
1-12 similar model indicates that the facility might:
1-13 (1) cause air or water contamination outside of the
1-14 facility's boundaries that could produce adverse public health
1-15 consequences; or
1-16 (2) release outside of the facility's boundaries a
1-17 substance for which adverse health consequences are unknown because
1-18 insufficient health research information is available.
1-19 (b) If the commission recommends a zoning ordinance under
1-20 this section, the commission shall delay the effective date of the
1-21 permit or amendment for not less than 30 days after the date the
1-22 recommendation is issued to allow time for the county or
1-23 municipality to act on the recommendation.
1-24 (c) The commission's recommendations under this section may
2-1 address only prohibitions on constructing the following types of
2-2 new buildings within a prescribed distance of the permitted
2-3 facility:
2-4 (1) a residential building;
2-5 (2) a school building;
2-6 (3) a day care center; or
2-7 (4) a building for inpatient or residential health
2-8 care.
2-9 (d) The commission's recommendations shall include the
2-10 reasons the recommendations are made.
2-11 SECTION 2. Subchapter C, Chapter 382, Health and Safety
2-12 Code, is amended by adding Section 382.064 to read as follows:
2-13 Sec. 382.064. ZONING RECOMMENDATION. (a) The board, before
2-14 granting or amending a permit under this subchapter, may recommend
2-15 to a county or municipality that the county or municipality adopt a
2-16 zoning ordinance if an emission model or similar model indicates
2-17 that the facility might:
2-18 (1) cause air or water contamination outside of the
2-19 facility's boundaries that could produce adverse public health
2-20 consequences; or
2-21 (2) release outside of the facility's boundaries a
2-22 substance for which adverse health consequences are unknown because
2-23 insufficient health research information is available.
2-24 (b) If the board recommends a zoning ordinance under this
2-25 section, the board shall delay the effective date of the permit or
2-26 amendment for not less than 30 days after the date the
2-27 recommendation is issued to allow time for the county or
3-1 municipality to act on the recommendation.
3-2 (c) The board's recommendations under this section may
3-3 address only prohibitions on constructing the following types of
3-4 new buildings within a prescribed distance of the permitted
3-5 facility:
3-6 (1) a residential building;
3-7 (2) a school building;
3-8 (3) a day care center; or
3-9 (4) a building for inpatient or residential health
3-10 care.
3-11 (d) The board's recommendations shall include the reasons
3-12 the recommendations are made.
3-13 SECTION 3. Subchapter B, Chapter 26, Water Code, is amended
3-14 by adding Section 26.048 to read as follows:
3-15 Sec. 26.048. ZONING RECOMMENDATION. (a) The commission,
3-16 before granting or amending a permit under this subchapter, may
3-17 recommend to a county or municipality that the county or
3-18 municipality adopt a zoning ordinance if an emission model or
3-19 similar model indicates that that the facility might:
3-20 (1) cause air or water contamination outside of the
3-21 facility's boundaries that could produce adverse public health
3-22 consequences; or
3-23 (2) release outside of the facility's boundaries a
3-24 substance for which adverse health consequences are unknown because
3-25 insufficient health research information is available.
3-26 (b) If the commission recommends a zoning ordinance under
3-27 this section, the commission shall delay the effective date of the
4-1 permit or amendment for not less than 30 days after the date the
4-2 recommendation is issued to allow time for the county or
4-3 municipality to act on the recommendation.
4-4 (c) The commission's recommendations under this section may
4-5 address only prohibitions on constructing the following types of
4-6 new buildings within a prescribed distance of the permitted
4-7 facility:
4-8 (1) a residential building;
4-9 (2) a school building;
4-10 (3) a day care center; or
4-11 (4) a building for inpatient or residential health
4-12 care.
4-13 (d) The commission's recommendations shall include the
4-14 reasons the recommendations are made.
4-15 SECTION 4. Chapter 211, Local Government Code, is amended by
4-16 adding Subchapter C to read as follows:
4-17 SUBCHAPTER C. ZONING NEAR ENVIRONMENTALLY HAZARDOUS FACILITY
4-18 Sec. 211.041. ORDINANCE AUTHORITY. If the Texas Natural
4-19 Resource Conservation Commission makes a zoning recommendation to
4-20 the governing body of a municipality under Section 361.115 or
4-21 382.064, Health and Safety Code, or Section 26.048, Water Code, the
4-22 body may adopt a zoning ordinance that prohibits construction
4-23 within the recommended distance from a facility that is the subject
4-24 of the recommendation.
4-25 Sec. 211.042. CONTENT OF ORDINANCE. An ordinance adopted
4-26 under this subchapter may address only the following types of new
4-27 buildings, unless the governing body has additional authority to
5-1 regulate construction on or use of the land:
5-2 (1) a residential building;
5-3 (2) a school building;
5-4 (3) a day care center; or
5-5 (4) a building for inpatient or residential health
5-6 care.
5-7 Sec. 211.043. LIMITATION ON AUTHORITY; LIABILITY FOR
5-8 INACTION. (a) The governing body shall take final action on a
5-9 recommendation of the Texas Natural Resource Conservation
5-10 Commission to adopt an ordinance under this section not later than
5-11 the 30th day after the date the body receives the recommendation.
5-12 (b) If the governing body does not act on a recommendation
5-13 on or before the 30th day after the date the body receives the
5-14 recommendation under Section 361.115 or 382.064, Health and Safety
5-15 Code, or Section 26.048, Water Code, a person who is injured by air
5-16 or water pollution caused by, or a substance emitted by, the
5-17 facility that is the subject of the recommendation may sue the
5-18 municipality for damages if:
5-19 (1) the injury occurred in or on the grounds that
5-20 surround a building that is:
5-21 (A) within the distance from the facility that
5-22 the commission recommended the ordinance to cover;
5-23 (B) used for residential, school, day care, or
5-24 inpatient or residential health care purposes; and
5-25 (C) constructed after the effective date of the
5-26 permit or amendment that was the subject of the recommendation; and
5-27 (2) the failure to adopt an ordinance as provided by
6-1 this section contributes to the injury.
6-2 SECTION 5. Chapter 231, Local Government Code, is amended by
6-3 adding Subchapter J to read as follows:
6-4 SUBCHAPTER J. ZONING NEAR ENVIRONMENTALLY HAZARDOUS FACILITY
6-5 Sec. 231.201. ORDINANCE AUTHORITY. If the Texas Natural
6-6 Resource Conservation Commission makes a zoning recommendation to
6-7 the governing body of a county under Section 361.115 or 382.064,
6-8 Health and Safety Code, or Section 26.048, Water Code, the body may
6-9 adopt a zoning ordinance that prohibits construction within the
6-10 recommended distance from a facility that is the subject of the
6-11 recommendation.
6-12 Sec. 231.202. CONTENT OF ORDINANCE. An ordinance adopted
6-13 under this subchapter may address only the following types of new
6-14 buildings, unless the governing body has additional authority under
6-15 other law to regulate construction on or use of the land:
6-16 (1) a residential building;
6-17 (2) a school building;
6-18 (3) a day care center; or
6-19 (4) a building for inpatient or residential health
6-20 care.
6-21 Sec. 231.203. APPLICATION OF ZONING ORDINANCE. An ordinance
6-22 adopted by the governing body may apply to any unincorporated area
6-23 in the county and to a municipality that does not have a zoning
6-24 ordinance.
6-25 Sec. 231.204. LIMITATION ON AUTHORITY; LIABILITY FOR
6-26 INACTION. (a) The governing body shall take final action on a
6-27 recommendation of the Texas Natural Resource Conservation
7-1 Commission not later than the 30th day after the date the body
7-2 receives the recommendation.
7-3 (b) If the governing body does not act on the recommendation
7-4 on or before the 30th day after the date the body receives the
7-5 recommendation under Section 361.115 or 382.064, Health and Safety
7-6 Code, or Section 26.048, Water Code, a person who is injured by air
7-7 or water pollution caused by, or a substance emitted by, the
7-8 facility that is the subject of the recommendation may sue the
7-9 county for damages if:
7-10 (1) the injury occurred in or on the grounds that
7-11 surround a building that is:
7-12 (A) within the distance from the facility that
7-13 the commission recommended the ordinance to cover;
7-14 (B) used for residential, school, day care, or
7-15 inpatient or residential health care purposes; and
7-16 (C) constructed after the effective date of the
7-17 permit or amendment that was the subject of the recommendation; and
7-18 (2) the failure to adopt an ordinance as provided by
7-19 this section contributes to the injury.
7-20 SECTION 6. This Act does not affect the transfer of the
7-21 rights, powers, duties, responsibilities, and functions of the
7-22 Texas Air Control Board or the Texas Water Commission to the Texas
7-23 Natural Resource Conservation Commission as provided by Chapter 3,
7-24 Acts of the 72nd Legislature, 1st Called Session, 1991.
7-25 SECTION 7. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
7-27 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended,
8-3 and that this Act take effect and be in force from and after its
8-4 passage, and it is so enacted.