By Denny, Madden H.B. No. 3206
74R9927 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to adopt zoning and building
1-3 construction ordinances for the areas around Lake Lavon; providing
1-4 a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 231, Local Government Code, is amended by
1-7 adding Subchapter J to read as follows:
1-8 SUBCHAPTER J. ZONING AROUND LAKE LAVON
1-9 Sec. 231.201. LEGISLATIVE FINDINGS; PURPOSE. (a) The
1-10 legislature finds that:
1-11 (1) those parts of a county that surround Lake Lavon
1-12 will be frequented for recreational purposes by residents from
1-13 every part of the state;
1-14 (2) orderly development and use of the area is of
1-15 concern to the entire state; and
1-16 (3) buildings in the area that will be frequented for
1-17 resort or recreational purposes will tend to become congested and
1-18 to be used in ways that interfere with the proper use of the area
1-19 as a place of recreation to the detriment of the public health,
1-20 safety, morals, and general welfare.
1-21 (b) The powers granted under this subchapter are for the
1-22 purpose of promoting the public health, safety, peace, morals, and
1-23 general welfare, including encouraging recreation and protecting
1-24 natural resources.
2-1 Sec. 231.202. DEFINITION. In this subchapter "lake area"
2-2 means the unincorporated area within one mile of the project
2-3 boundary line for Lake Lavon, which is defined as the 520-foot
2-4 elevation take line for Lake Lavon.
2-5 Sec. 231.203. LAKE COVERED BY SUBCHAPTER. This subchapter
2-6 applies only to Lake Lavon.
2-7 Sec. 231.204. GRANT OF REGULATORY AUTHORITY. (a) To carry
2-8 out the purposes of this subchapter, the commissioners court of the
2-9 county in which the lake area is located may establish a lake
2-10 planning district for the lake area if the court finds that action
2-11 to be in the best interest of the public.
2-12 (b) If the lake planning district is established, the
2-13 commissioners court may adopt ordinances, not inconsistent with
2-14 state law, that apply only to the lake area in the county and that
2-15 regulate:
2-16 (1) the height, number of stories, or size of
2-17 buildings in the area;
2-18 (2) the percentage of a lot in the area that may be
2-19 occupied;
2-20 (3) the size of yards and other spaces in the area;
2-21 (4) the density of population in the area;
2-22 (5) the location and use of buildings and land in the
2-23 area for commercial, industrial, residential, or other purposes;
2-24 and
2-25 (6) the standards for the construction of buildings in
2-26 the area.
2-27 (c) The commissioners court may adopt a proposed ordinance
3-1 only after the court receives the lake planning commission's report
3-2 prepared under Section 231.208 relating to the proposed ordinance.
3-3 Sec. 231.205. EXCEPTIONS. (a) The commissioners court may
3-4 not adopt an ordinance that:
3-5 (1) is in conflict with Article 5.43-4, Insurance
3-6 Code, or with any rule adopted under that article;
3-7 (2) is in conflict with a municipal ordinance or state
3-8 agency rule pertaining to the regulation of billboards or outdoor
3-9 advertising; or
3-10 (3) regulates, for siting or zoning purposes, new
3-11 manufactured or industrialized housing that is constructed to
3-12 preemptive state or federal building standards in any manner that
3-13 is different from regulation of site-built housing.
3-14 (b) A provision of an ordinance that is adopted in violation
3-15 of this section is void.
3-16 Sec. 231.206. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning
3-17 regulations must be adopted in accordance with a comprehensive plan
3-18 and must be designed to:
3-19 (1) lessen congestion in the streets and roads;
3-20 (2) secure safety from fire, panic, and other dangers;
3-21 (3) promote health and the general welfare;
3-22 (4) provide adequate light and air;
3-23 (5) prevent the overcrowding of land;
3-24 (6) avoid undue concentration of population;
3-25 (7) assist in developing the area into parks,
3-26 playgrounds, and recreational areas for the residents of this state
3-27 and other states and nations;
4-1 (8) provide for the protection of the water supply and
4-2 other natural resources; and
4-3 (9) facilitate the adequate provision of
4-4 transportation, water, sewers, parks, and other public
4-5 requirements.
4-6 Sec. 231.207. ESTABLISHMENT OF LAKE PLANNING COMMISSION.
4-7 (a) The commissioners court shall establish a lake planning
4-8 commission for the lake area in the county.
4-9 (b) The planning commission is composed of:
4-10 (1) three residents of the affected commissioners
4-11 precincts who own land in the county, appointed by the county judge
4-12 of the county;
4-13 (2) one resident of each commissioners precinct that
4-14 is affected, appointed by the county commissioner for that
4-15 precinct, and if only one precinct is affected, the commissioner
4-16 shall appoint two; and
4-17 (3) the mayor, or a representative appointed by the
4-18 mayor, of each municipality that includes any part of the lake area
4-19 in the county.
4-20 (c) Except for the initial appointed members, the appointed
4-21 members of the planning commission are appointed for terms of two
4-22 years expiring on December 31 of each odd-numbered year. The
4-23 initial appointed members are appointed for terms expiring on the
4-24 first December 31 of an odd-numbered year occurring after the date
4-25 of their appointment.
4-26 (d) The planning commission annually shall elect a presiding
4-27 officer and an assistant presiding officer from its members.
5-1 (e) The commissioners court shall employ staff for the use
5-2 of the commission in performing its functions.
5-3 Sec. 231.208. POWERS AND DUTIES OF LAKE PLANNING COMMISSION;
5-4 HEARINGS. (a) At the request of the commissioners court, the lake
5-5 planning commission shall, or on its own initiative the commission
5-6 may, conduct studies of the lake area in the county and prepare
5-7 reports in which the commission advises the commissioners court
5-8 about the boundaries of the original zoned districts and other
5-9 regulations for the lake area and about changes to the districts or
5-10 regulations.
5-11 (b) Before the planning commission may prepare a report, the
5-12 commission must hold a public hearing at which members of the
5-13 public may present testimony about any subject to be included in
5-14 the commission's report. The commission must give notice of the
5-15 hearing as required by the commissioners court.
5-16 (c) If a report will advise the commissioners court about a
5-17 proposed action regarding the zoning classification of a parcel of
5-18 land, the planning commission must send a written notice to each
5-19 landowner, as listed on the county tax rolls, whose land is
5-20 directly affected by the proposed action or whose land is located
5-21 within 200 feet of land directly affected. The notice must inform
5-22 the landowner of the time and place of the public hearing at which
5-23 the landowner may present testimony to the commission about the
5-24 proposed action and must be deposited in the United States mail
5-25 before the 10th day before the date of the hearing.
5-26 (d) The commissioners court may assign the planning
5-27 commission other duties that the court considers appropriate and
6-1 that are not inconsistent with this subchapter.
6-2 (e) The commissioners court shall adopt rules governing the
6-3 operations of the commission.
6-4 Sec. 231.209. SPECIAL EXCEPTIONS. (a) The lake planning
6-5 commission may recommend, subject to approval by the commissioners
6-6 court, a special exception to an ordinance adopted under this
6-7 subchapter if the commission finds that the grant of the special
6-8 exception will not be contrary to the public interest and that a
6-9 literal enforcement of the ordinance would result in an unnecessary
6-10 hardship.
6-11 (b) The planning commission shall adopt procedures governing
6-12 the application for, notice and hearings about, and other matters
6-13 relating to, the grant of a special exception.
6-14 Sec. 231.210. CONFLICT WITH ACTIONS OF OTHER POLITICAL
6-15 SUBDIVISIONS. If an ordinance adopted under this subchapter
6-16 conflicts with an action of a municipality, a conservation and
6-17 reclamation district, or a utility district that applies to the
6-18 lake area in the county:
6-19 (1) the municipal action prevails to the extent of the
6-20 conflict if the affected lake area is within the limits of the
6-21 municipality; or
6-22 (2) the action of the conservation and reclamation
6-23 district or utility district prevails if the affected lake area is
6-24 within the land owned by the district.
6-25 Sec. 231.211. RULES. The commissioners court shall adopt
6-26 rules as necessary to carry out this subchapter.
6-27 Sec. 231.212. ENFORCEMENT. (a) The county attorney or
7-1 other prosecuting attorney representing the county in the district
7-2 court is entitled to appropriate injunctive relief to prevent a
7-3 violation or threatened violation of an ordinance adopted under
7-4 this subchapter from continuing or occurring.
7-5 (b) If an ordinance adopted under this subchapter defines an
7-6 offense, the offense is a Class C misdemeanor. The offense shall
7-7 be prosecuted in the same manner as an offense defined by state
7-8 law.
7-9 SECTION 2. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended,
7-14 and that this Act take effect and be in force from and after its
7-15 passage, and it is so enacted.