By: Henderson S.B. No. 1103 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of certain counties to designate areas as 1-2 scenic districts and to regulate various activities in the 1-3 districts; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 7, Local Government Code, is 1-6 amended by adding Chapter 239 to read as follows: 1-7 CHAPTER 239. COUNTY DESIGNATION AND REGULATION 1-8 OF SCENIC DISTRICT 1-9 Sec. 239.001. CHAPTER APPLICABLE TO POPULOUS COUNTY. This 1-10 chapter applies only to a county with a population of more than 2.8 1-11 million. 1-12 Sec. 239.002. DESIGNATION OF DISTRICT. The commissioners 1-13 court of the county may designate as a scenic district an area that 1-14 is: 1-15 (1) located in the unincorporated part of the county 1-16 adjacent to or near a public road; 1-17 (2) visible by occupants of motor vehicles travelling 1-18 on the road; and 1-19 (3) determined by the commissioners court to be in 1-20 need of controls to protect the scenic beauty of the area. 1-21 Sec. 239.003. HEARING. Before a scenic district is 1-22 designated, the commissioners court shall hold a hearing at which 1-23 all persons, including the residents of the area under 1-24 consideration for designation as a scenic district, may testify and 2-1 present written information about the need for the district. The 2-2 commissioners court shall hold the hearing at a place convenient to 2-3 the residents of the area under consideration and shall post notice 2-4 of the hearing. The notice must: 2-5 (1) state the time, place, and subject of the hearing; 2-6 and 2-7 (2) be posted at places in the area under 2-8 consideration as the commissioners court considers appropriate to 2-9 inform the residents of that area of the hearing. 2-10 Sec. 239.004. CONTROLS APPLICABLE TO DISTRICT. (a) To 2-11 preserve or enhance the scenic beauty of the area in a scenic 2-12 district, the commissioners court may regulate in the district: 2-13 (1) the location, height, size, anchoring, type, 2-14 lighting, and color of on-premise signs and off-premise signs; 2-15 (2) landscaping; 2-16 (3) the materials that may be used on the facade of a 2-17 residence or other building; and 2-18 (4) the distances that residences and other buildings 2-19 must be set back from a road. 2-20 (b) The commissioners court may charge a fee and require a 2-21 permit for the location of an on-premise sign or off-premise sign 2-22 in the district. The amount of the fee for a sign may vary 2-23 according to factors, such as the size or height of the sign, 2-24 established by the commissioners court. 2-25 (c) In this section, "on-premise sign" and "off-premise 2-26 sign" have the meanings assigned by Section 216.002. 2-27 Sec. 239.005. ADVISORY COMMITTEE. (a) On the designation 3-1 of a scenic district, the commissioners court shall appoint an 3-2 advisory committee composed of residents of the district. The 3-3 members of the committee serve at the will of the commissioners 3-4 court. 3-5 (b) The committee members are entitled, as provided by the 3-6 commissioners court, to reimbursement for expenses incurred for 3-7 service on the committee. 3-8 (c) The committee shall advise the commissioners court about 3-9 the regulations and other matters relevant to the scenic district. 3-10 Sec. 239.006. NOTICE OF VIOLATION. (a) If the county 3-11 believes that a violation of a regulation adopted under this 3-12 chapter has occurred, the county shall give written notice to the 3-13 violator: 3-14 (1) identifying the violator, if the identity is 3-15 known; 3-16 (2) describing the location and nature of the 3-17 violation; 3-18 (3) informing the violator that unless the violation 3-19 is corrected within 30 days after the date the notice is mailed to 3-20 the violator or published in a newspaper, as provided by Subsection 3-21 (b) or (c), the violator is subject to criminal prosecution and 3-22 injunctive remedies for the violation; 3-23 (4) describing the criminal penalty that may be 3-24 imposed for the violation; and 3-25 (5) providing any other information the county 3-26 considers appropriate. 3-27 (b) The county shall make a diligent effort to determine the 4-1 name and the business or residential address of the violator. The 4-2 county shall send to the violator the notice required by this 4-3 section by addressing the notice to the violator at the violator's 4-4 business or residential address and depositing the notice in the 4-5 United States mail with postage paid. 4-6 (c) If the county is unable to determine the violator's name 4-7 or an address to which the notice can be sent under Subsection (b), 4-8 the county shall publish the notice in a newspaper of general 4-9 circulation in the county. 4-10 Sec. 239.007. EFFECT ON OTHER LAW. (a) The authority of a 4-11 county under this chapter is in addition to authority granted to 4-12 the county by other law, including Article 2, Chapter 221, Acts of 4-13 the 69th Legislature, Regular Session, 1985 (Article 6674v-3, 4-14 Vernon's Texas Civil Statutes). 4-15 (b) To the extent a regulation adopted under this chapter 4-16 conflicts with a municipal ordinance or a regulation prescribed by 4-17 or under other law, the county regulation prevails. 4-18 Sec. 239.008. INJUNCTION. (a) The county, in a suit 4-19 brought by the county attorney or other prosecuting attorney 4-20 representing the county, is entitled to appropriate injunctive 4-21 relief to prevent the violation or threatened violation of a 4-22 regulation adopted under this chapter. 4-23 (b) A suit for injunctive relief to prevent a violation from 4-24 continuing may not be initiated unless the violator fails to 4-25 correct the violation within the time described in the notice 4-26 required by this chapter. 4-27 Sec. 239.009. CRIMINAL PENALTY. (a) A person commits an 5-1 offense if the person violates a regulation described by Section 5-2 239.004 and fails to correct the violation within the time 5-3 described in the notice required by this chapter. 5-4 (b) An offense under this section is a Class B misdemeanor. 5-5 SECTION 2. The importance of this legislation and the 5-6 crowded condition of the calendars in both houses create an 5-7 emergency and an imperative public necessity that the 5-8 constitutional rule requiring bills to be read on three several 5-9 days in each house be suspended, and this rule is hereby suspended, 5-10 and that this Act take effect and be in force from and after its 5-11 passage, and it is so enacted.