SLC H.B. 3583 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT H.B. 3583 By: Kubiak 5-2-97 Committee Report (Unamended) BACKGROUND Lake Somerville is one of the states most beautiful lakes, offering recreational opportunities to thousands of Texans each year. Each of the surrounding counties enjoys benefits from 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 lakes facilities. PURPOSE To create a Lake Somerville lake authority in order to coordinate and promote management and development efforts based on exiting structures used in other lakes around Texas. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the commissioners court of an affected county in Section 231.207(b), Subchapter J, Chapter 231, Local Government Code, in order to govern the operation of the commission in that county. 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. States that the legislature finds that Burleson, Milam, Lee and Washington counties will be frequented by recreational users; orderly development is a state concern; and buildings in the area may become congested to the detriment of the public health, safety, morals, and general welfare. Powers granted under the subchapter are for the purpose of promoting 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. (a) States that the commissioners court of an affected county may regulate in accordance with state law: building height or size of building; percentage of a lot that may be occupied; size of yard and other spaces; population density; location and use of buildings and land for commercial, industrial, residential, or other purposes; and building construction standards. (b) States that the commissioners may not adopt an ordinance in conflict with Article 5.43-4, Insurance Code, or any rule under that article. An ordinance adopted in conflict with that article is void. (c) This subchapter does not authorize a commissioners court to issue any order or regulation in conflict with a municipal ordinance or state agency rule pertaining to the regulation of billboards or outdoor advertising. An order or regulation issued in conflict with a municipal ordinance or state agency rule is void. (d) The commissioners court may not regulate for siting or zoning purposes new manufactured or industrialized housing that is constructed to preemptive state or federal building standards in any manner that is different from regulation of site-built housing. (e) Commissioners court shall adopt rules as necessary to carry out this subchapter. Sec. 231.204 LOCAL OPTION ELECTION. (a) If petitioned a county shall order and hold an election if the court is petitioned to do so under Sec. 231.205. The commissioners court may not order and hold the election on its own motion. (b) Provides language for ballot. Sec. 231.205 PETITION; VERIFICATION.(a) Provides language for the petition. (b) Provides qualification for the petition to be valid. (c) States that each signatures must be dated and must be dated before the 90th day before the date the petition is submitted to the commissioners court. (d) States that within 35 days the petition must be verified in writing by the county clerk. (e) States that if the petition is valid the commissioners court shall order an election accordance with Sec. 41.001, Election Code and Chapter 3, Election Code. Sec. 231.206 LAKE SOMERVILLE PLANNING COMMISSION. (a) States that the commission is established for the lake area an certain counties and is composed of: one resident from each of the affected counties; and presiding officer of the commission is appointed the county judge of Burleson County. (b) States that the appointed members serve for 2 years, terms expiring on February 1 of odd years. The initial appointed member's terms expire on the first February 1 of an oddnumbered year after their appointment. (c) States that the commission shall elect a presiding and assistant presiding officer from its members and employ staff. Sec. 231.207 COMMISSION DUTIES; RULES. (a) States that the county commissioners court of an affected county may assign the lake commission duties appropriate and are not inconsistent with subchapter including bond authority consistent with the counties. (b) States that the commissioners court of an affected county shall adopt rules governing the operations of the commission in that county. Sec. 231.208 COMMISSION STUDIES; REPORTS; HEARINGS. (a) States that the commission may study and prepare reports concerning zoning and districts within the affected counties. (b) States that before the commission may prepare a report it must hold a public hearing regarding the commission's report. (c) States that if the report proposes zoning changes affecting landowners or whose land is located within 200 feet of land directly affected, each landowner shall be notified 10 days before in writing of the time and place of the public hearing at which the landowner may testify. Sec. 231.209 ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT. Commissioners may only adopt proposed ordinances after the commission's report is prepared under Sec. 231.208. Sec. 231.210 SPECIAL EXCEPTIONS. (a) Commission may recommend exemptions to ordinances contrary to the public interest. (b) Commission shall adopt procedures for granting exemptions. Sec. 231.211 CONFLICT BETWEEN ORDINANCES-MUNICIPAL. States that the actions shall control actions under this subchapter. Sec. 231.212 ENFORCEMENT. (a) County or Prosecuting attorney of affected counties may petition for injunctive relief to carry out ordinances adopted under this subchapter. (b) Ordinances adopted under this subchapter are Class C misdemeanors. SECTION 2. Effective Date. SECTION 3. Emergency Clause.