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 * * * * *