By Henderson S.B. No. 1103 74R6881 MRB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of certain counties to designate areas as 1-3 scenic districts and to regulate various activities in the 1-4 districts; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle B, Title 7, Local Government Code, is 1-7 amended by adding Chapter 239 to read as follows: 1-8 CHAPTER 239. COUNTY DESIGNATION AND REGULATION 1-9 OF SCENIC DISTRICT 1-10 Sec. 239.001. CHAPTER APPLICABLE TO POPULOUS COUNTY. This 1-11 chapter applies only to a county with a population of more than 2.8 1-12 million. 1-13 Sec. 239.002. DESIGNATION OF DISTRICT. The commissioners 1-14 court of the county may designate as a scenic district an area that 1-15 is: 1-16 (1) located in the unincorporated part of the county 1-17 adjacent to or near a public road; 1-18 (2) visible by occupants of motor vehicles travelling 1-19 on the road; and 1-20 (3) determined by the commissioners court to be in 1-21 need of controls to protect the scenic beauty of the area. 1-22 Sec. 239.003. HEARING. Before a scenic district is 1-23 designated, the commissioners court shall hold a hearing at which 1-24 all persons, including the residents of the area under 2-1 consideration for designation as a scenic district, may testify and 2-2 present written information about the need for the district. The 2-3 commissioners court shall hold the hearing at a place convenient to 2-4 the residents of the area under consideration and shall post notice 2-5 of the hearing. The notice must: 2-6 (1) state the time, place, and subject of the hearing; 2-7 and 2-8 (2) be posted at places in the area under 2-9 consideration as the commissioners court considers appropriate to 2-10 inform the residents of that area of the hearing. 2-11 Sec. 239.004. CONTROLS APPLICABLE TO DISTRICT. (a) To 2-12 preserve or enhance the scenic beauty of the area in a scenic 2-13 district, the commissioners court may regulate in the district: 2-14 (1) on-premise signs as permitted by Section 17, 2-15 Article 2, Chapter 221, Acts of the 69th Legislature, Regular 2-16 Session, 1985 (Article 6674v-3, Vernon's Texas Civil Statutes); 2-17 (2) landscaping; 2-18 (3) the materials that may be used on the facade of a 2-19 residence or other building; and 2-20 (4) the distances that residences and other buildings 2-21 must be set back from a road. 2-22 (b) The commissioners court may charge a fee and require a 2-23 permit for the location of an on-premise sign in the district. The 2-24 amount of the fee for a sign may vary according to factors, such as 2-25 the size or height of the sign, established by the commissioners 2-26 court. 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. CONFLICT WITH MUNICIPAL ORDINANCE. To the 3-11 extent a regulation adopted under this chapter conflicts with a 3-12 municipal ordinance, the municipal ordinance prevails in the area 3-13 of the municipality's jurisdiction. 3-14 Sec. 239.007. INJUNCTION. The county, in a suit brought by 3-15 the county attorney or other prosecuting attorney representing the 3-16 county, is entitled to appropriate injunctive relief to prevent the 3-17 violation or threatened violation of a regulation adopted under 3-18 this chapter. 3-19 Sec. 239.008. CRIMINAL PENALTY. A person commits an offense 3-20 if the person knowingly violates a regulation described by Section 3-21 239.004. An offense under this section is a Class C misdemeanor. 3-22 SECTION 2. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended, 3-27 and that this Act take effect and be in force from and after its 4-1 passage, and it is so enacted.