SRC-MAX H.B. 3583 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3583
By: Kubiak (Ogden)
Intergovernmental Relations
5-15-97
Engrossed


DIGEST 

Lake Somerville is one of the state's most beautiful lakes, offering
recreational opportunities to thousands of Texans each year.  Each of the
surrounding counties enjoys benefits from the lake itself but also from
the tourism attracted to the lake from all around the state.  Development
along and around the lake has been slow in the past but area residents and
leaders in the community have expressed an interest in managing and
expanding tourism and development of the lake's facilities. This bill sets
forth provisions regarding the zoning around Lake Somerville.

PURPOSE

As proposed, H.B. 3583 sets forth provisions regarding the zoning around
Lake Somerville. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioners court in SECTION 1
(Sections 231.203(a), 231.207(b), 231.209, 231.210(a), Local Government
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 231, Local Government Code, by adding Subchapter
J, as follows: 

SUBCHAPTER J.  ZONING AROUND LAKE SOMERVILLE  

Sec. 231.201.  LEGISLATIVE FINDINGS; PURPOSE.  Sets forth provisions
regarding legislative findings pertaining to Lake Somerville.  Provides
that the powers granted under this subchapter are for the purpose of
promoting the public health, safety, peace, morals, and general welfare
and encouraging recreation.   

Sec.  231.202.  DEFINITIONS.  Defines "affected county" and "lake area."

Sec.  231.203.  ZONING AND BUILDING CONSTRUCTION ORDINANCES.  Sets forth
provisions regarding zoning and building construction ordinances. 

Sec.  231.204.  LOCAL OPTION ELECTION.  Sets forth provisions regarding a
local option election. 

Sec.  231.205.  PETITION; VERIFICATION.  Sets forth provisions regarding a
petition for a local election under this section.  Sets forth provisions
regarding the verification of the petition by the county clerk. 

Sec.  231.206.  LAKE SOMERVILLE PLANNING COMMISSION.  Establishes a lake
planning commission and sets forth the composition of the commission. 

Sec. 231.207.  COMMISSION DUTIES;  RULES.  Authorizes the commissioners
court of an affected county to assign the lake planning commission any
duties applicable in that county that the court considers appropriate and
that are not inconsistent with this subchapter, including the ability of
the commission to issue bonds, in the same manner as the affected county,
for a capital improvement or other project in that county on Lake
Somerville or in  the lake area.  Requires the commissioners court of an
affected county to adopt rules governing the operation of the commission
in that county.   

Sec. 231.208.  COMMISSION STUDIES; REPORTS; HEARINGS.  Provides the lake
planning commission, at the request of the commissioners court of an
affected county shall, or on its own initiative the commission may,
conduct studies of the lake area in that county and prepare reports to
advise the commissioners court about the boundaries of the original zoned
districts in that county, other regulations for the lake area in that
county, and changes to those districts or regulations.  Requires the
commission, before it may prepare a report, to hold a public hearing at
which members of the public may present testimony about any subject to be
included in the commission's report.  Requires the commission to give
notice of the hearing as required by the commissioners court of the
affected county.  Sets forth provisions applicable if a report will advise
a commissioners court about certain proposed action.   

Sec. 231.209.  ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.  Authorizes
the commissioners court of an affected county to adopt a proposed
ordinance under certain conditions.   

Sec. 231.210.  SPECIAL EXCEPTIONS.  Authorizes the lake planning
commissioner to recommend, subject to approval by the commissioners court
of an affected county, a special exception to an ordinance applicable in
that county and adopted under this subchapter if the commission finds that
the grant of the special exemption will not be contrary to the public
interest and that a literal enforcement of the ordinance would result in
an unnecessary hardship.  Requires the commission to adopt procedures
governing applications, notice, hearings, and other matters relating to
the grant of a special exception. 

Sec. 231.211.  CONFLICT BETWEEN ORDINANCES.  Sets forth provisions
applicable if an ordinance of a county adopted under this subchapter
conflicts with an action of a municipality that applies to any part  of
the lake area located in that county and the municipality. 

Sec. 231.212.  ENFORCEMENT.  Provides that the county attorney or other
prosecuting attorney representing an affected county in the district court
is entitled to appropriate injunctive relief to prevent a violation or
threatened violation of an ordinance adopted by that county under this
subchapter from continuing or occurring.  Provides that if an ordinance
adopted under this subchapter defines an offense, the offense is a Class C
misdemeanor. Requires the offense to be prosecuted in the same manner as
an offense defined by state law. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.