1-1 By: Henderson S.B. No. 1103
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 5, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 April 5, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1103 By: Gallegos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of certain counties to designate areas as
1-11 scenic districts and to regulate various activities in the
1-12 districts; providing a penalty.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subtitle B, Title 7, Local Government Code, is
1-15 amended by adding Chapter 239 to read as follows:
1-16 CHAPTER 239. COUNTY DESIGNATION AND REGULATION
1-17 OF SCENIC DISTRICT
1-18 Sec. 239.001. CHAPTER APPLICABLE TO POPULOUS COUNTY. This
1-19 chapter applies only to a county with a population of more than 2.8
1-20 million.
1-21 Sec. 239.002. DESIGNATION OF DISTRICT. The commissioners
1-22 court of the county may designate as a scenic district an area that
1-23 is:
1-24 (1) located in the unincorporated part of the county
1-25 adjacent to or near a public road;
1-26 (2) visible by occupants of motor vehicles travelling
1-27 on the road; and
1-28 (3) determined by the commissioners court to be in
1-29 need of controls to protect the scenic beauty of the area.
1-30 Sec. 239.003. HEARING. Before a scenic district is
1-31 designated, the commissioners court shall hold a hearing at which
1-32 all persons, including the residents of the area under
1-33 consideration for designation as a scenic district, may testify and
1-34 present written information about the need for the district. The
1-35 commissioners court shall hold the hearing at a place convenient to
1-36 the residents of the area under consideration and shall post notice
1-37 of the hearing. The notice must:
1-38 (1) state the time, place, and subject of the hearing;
1-39 and
1-40 (2) be posted at places in the area under
1-41 consideration as the commissioners court considers appropriate to
1-42 inform the residents of that area of the hearing.
1-43 Sec. 239.004. CONTROLS APPLICABLE TO DISTRICT. (a) To
1-44 preserve or enhance the scenic beauty of the area in a scenic
1-45 district, the commissioners court may regulate in the district:
1-46 (1) the location, height, size, anchoring, type,
1-47 lighting, and color of on-premise signs and off-premise signs;
1-48 (2) landscaping;
1-49 (3) the materials that may be used on the facade of a
1-50 residence or other building; and
1-51 (4) the distances that residences and other buildings
1-52 must be set back from a road.
1-53 (b) The commissioners court may charge a fee and require a
1-54 permit for the location of an on-premise sign or off-premise sign
1-55 in the district. The amount of the fee for a sign may vary
1-56 according to factors, such as the size or height of the sign,
1-57 established by the commissioners court.
1-58 (c) In this section, "on-premise sign" and "off-premise
1-59 sign" have the meanings assigned by Section 216.002.
1-60 Sec. 239.005. ADVISORY COMMITTEE. (a) On the designation
1-61 of a scenic district, the commissioners court shall appoint an
1-62 advisory committee composed of residents of the district. The
1-63 members of the committee serve at the will of the commissioners
1-64 court.
1-65 (b) The committee members are entitled, as provided by the
1-66 commissioners court, to reimbursement for expenses incurred for
1-67 service on the committee.
1-68 (c) The committee shall advise the commissioners court about
2-1 the regulations and other matters relevant to the scenic district.
2-2 Sec. 239.006. NOTICE OF VIOLATION. (a) If the county
2-3 believes that a violation of a regulation adopted under this
2-4 chapter has occurred, the county shall give written notice to the
2-5 violator:
2-6 (1) identifying the violator, if the identity is
2-7 known;
2-8 (2) describing the location and nature of the
2-9 violation;
2-10 (3) informing the violator that unless the violation
2-11 is corrected within 30 days after the date the notice is mailed to
2-12 the violator or published in a newspaper, as provided by Subsection
2-13 (b) or (c), the violator is subject to criminal prosecution and
2-14 injunctive remedies for the violation;
2-15 (4) describing the criminal penalty that may be
2-16 imposed for the violation; and
2-17 (5) providing any other information the county
2-18 considers appropriate.
2-19 (b) The county shall make a diligent effort to determine the
2-20 name and the business or residential address of the violator. The
2-21 county shall send to the violator the notice required by this
2-22 section by addressing the notice to the violator at the violator's
2-23 business or residential address and depositing the notice in the
2-24 United States mail with postage paid.
2-25 (c) If the county is unable to determine the violator's name
2-26 or an address to which the notice can be sent under Subsection (b),
2-27 the county shall publish the notice in a newspaper of general
2-28 circulation in the county.
2-29 Sec. 239.007. EFFECT ON OTHER LAW. (a) The authority of a
2-30 county under this chapter is in addition to authority granted to
2-31 the county by other law, including Article 2, Chapter 221, Acts of
2-32 the 69th Legislature, Regular Session, 1985 (Article 6674v-3,
2-33 Vernon's Texas Civil Statutes).
2-34 (b) To the extent a regulation adopted under this chapter
2-35 conflicts with a municipal ordinance or a regulation prescribed by
2-36 or under other law, the county regulation prevails.
2-37 Sec. 239.008. INJUNCTION. (a) The county, in a suit
2-38 brought by the county attorney or other prosecuting attorney
2-39 representing the county, is entitled to appropriate injunctive
2-40 relief to prevent the violation or threatened violation of a
2-41 regulation adopted under this chapter.
2-42 (b) A suit for injunctive relief to prevent a violation from
2-43 continuing may not be initiated unless the violator fails to
2-44 correct the violation within the time described in the notice
2-45 required by this chapter.
2-46 Sec. 239.009. CRIMINAL PENALTY. (a) A person commits an
2-47 offense if the person violates a regulation described by Section
2-48 239.004 and fails to correct the violation within the time
2-49 described in the notice required by this chapter.
2-50 (b) An offense under this section is a Class B misdemeanor.
2-51 SECTION 2. The importance of this legislation and the
2-52 crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended,
2-56 and that this Act take effect and be in force from and after its
2-57 passage, and it is so enacted.
2-58 * * * * *