By Kubiak H.B. No. 3583
75R11059 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to zoning around Lake Somerville.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 231, Local Government Code, is amended by
1-5 adding Subchapter J to read as follows:
1-6 SUBCHAPTER J. ZONING AROUND LAKE SOMERVILLE
1-7 Sec. 231.201. LEGISLATIVE FINDINGS; PURPOSE. (a) The
1-8 legislature finds that:
1-9 (1) those parts of Burleson, Milam, Lee, and
1-10 Washington counties that surround Lake Somerville will be
1-11 frequented for recreational purposes by residents from every part
1-12 of the state;
1-13 (2) orderly development and use of the area is of
1-14 concern to the entire state; and
1-15 (3) buildings in the area that will be frequented for
1-16 resort or recreational purposes will tend to become congested and
1-17 to be used in ways that interfere with the proper use of the area
1-18 as a place of recreation to the detriment of the public health,
1-19 safety, morals, and general welfare.
1-20 (b) The powers granted under this subchapter are for the
1-21 purpose of promoting the public health, safety, peace, morals, and
1-22 general welfare and encouraging recreation.
1-23 Sec. 231.202. DEFINITIONS. In this subchapter:
1-24 (1) "Affected county" means Burleson, Milam, Lee, or
2-1 Washington County.
2-2 (2) "Lake area" means the area within 5,000 feet of
2-3 the project boundary line for Lake Somerville.
2-4 Sec. 231.203. ZONING AND BUILDING CONSTRUCTION ORDINANCES.
2-5 (a) The commissioners court of an affected county may adopt
2-6 ordinances, not inconsistent with state law, that apply only to the
2-7 lake area in the county and that regulate:
2-8 (1) the height, number of stories, or size of
2-9 buildings in the area;
2-10 (2) the percentage of a lot that may be occupied;
2-11 (3) the size of yards and other spaces;
2-12 (4) population density;
2-13 (5) the location and use of buildings and land for
2-14 commercial, industrial, residential, or other purposes; and
2-15 (6) building construction standards.
2-16 (b) The commissioners court may not adopt an ordinance in
2-17 conflict with Article 5.43-4, Insurance Code, or with any rule
2-18 adopted under that article. An ordinance adopted in conflict with
2-19 that article is void.
2-20 (c) This subchapter does not authorize a commissioners court
2-21 to issue any order or regulation in conflict with a municipal
2-22 ordinance or state agency rule pertaining to the regulation of
2-23 billboards or outdoor advertising. An order or regulation issued
2-24 in conflict with a municipal ordinance or state agency rule is
2-25 void.
2-26 (d) The commissioners court may not regulate for siting or
2-27 zoning purposes new manufactured or industrialized housing that is
3-1 constructed to preemptive state or federal building standards in
3-2 any manner that is different from regulation of site-built housing.
3-3 (e) The commissioners court shall adopt rules as necessary
3-4 to carry out this subchapter.
3-5 Sec. 231.204. LOCAL OPTION ELECTION. (a) This subchapter
3-6 applies only to an affected county in which a majority of the
3-7 voters voting on the question approve this subchapter's grant of
3-8 authority to the county. The commissioners court of an affected
3-9 county shall order and hold an election if the court is petitioned
3-10 to do so under Section 231.205. The commissioners court may not
3-11 order and hold the election on its own motion.
3-12 (b) If an election is held, the ballot shall be printed to
3-13 provide for voting for or against the proposition: "Granting
3-14 authority to the county to adopt zoning and building construction
3-15 ordinances for the areas in the county around Lake Somerville."
3-16 Each qualified voter of each affected precinct is entitled to vote
3-17 in the election.
3-18 Sec. 231.205. PETITION; VERIFICATION. (a) A petition for a
3-19 local option election must include a statement worded substantially
3-20 as follows and located on each page of the petition preceding the
3-21 space reserved for signatures: "This petition is to request that an
3-22 election be held in (name of county) to authorize the county to
3-23 adopt zoning and building construction ordinances for the areas in
3-24 the county around Lake Somerville."
3-25 (b) To be valid, a petition must be signed by registered
3-26 voters of the county in a number equal to at least 10 percent of
3-27 the number of votes received by all candidates for governor in each
4-1 affected precinct in the most recent gubernatorial general
4-2 election. The petition must also include each signer's current
4-3 voter registration number, printed name, and residence address,
4-4 including zip code.
4-5 (c) Each signer must enter beside the signature the date on
4-6 which the petition is signed. A signature may not be counted if
4-7 the signer fails to include the date or if the date of signing is
4-8 before the 90th day before the date the petition is submitted to
4-9 the commissioners court.
4-10 (d) Within five days after the date a petition is received
4-11 in the office of the commissioners court, the commissioners court
4-12 shall submit the petition for verification to the county clerk, who
4-13 shall determine whether the petition meets the requirements imposed
4-14 by this section. Within 30 days after the date the petition is
4-15 submitted to the county clerk for verification, the county clerk
4-16 shall certify in writing to the commissioners court whether the
4-17 petition is valid. If the county clerk determines that the
4-18 petition is invalid, the clerk shall state the reasons for that
4-19 determination.
4-20 (e) If the county clerk certifies that a petition is valid,
4-21 the commissioners court shall order the election to be held on the
4-22 first uniform election date authorized by Section 41.001, Election
4-23 Code, that occurs after the date the court receives the county
4-24 clerk's certification and that allows for compliance with the time
4-25 requirements prescribed by Chapter 3, Election Code.
4-26 Sec. 231.206. LAKE SOMERVILLE PLANNING COMMISSION. (a) A
4-27 lake planning commission is established for the lake area in
5-1 Burleson, Milam, Lee, and Washington counties and is composed of:
5-2 (1) one resident of each affected county, appointed by
5-3 the county judge of that county; and
5-4 (2) the presiding officer of the commission appointed
5-5 by the county judge of Burleson County.
5-6 (b) Except for the initial appointed members, the appointed
5-7 members of the commission are appointed for terms of two years
5-8 expiring on February 1 of each odd-numbered year. The initial
5-9 appointed members are appointed for terms expiring on the first
5-10 February 1 of an odd-numbered year occurring after the date of
5-11 their appointment.
5-12 (c) The commission annually shall elect a presiding officer
5-13 and an assistant presiding officer from its members. The
5-14 commissioners court of the affected counties shall employ staff for
5-15 the use of the commission in performing its functions.
5-16 Sec. 231.207. COMMISSION DUTIES; RULES. (a) The
5-17 commissioners court of an affected county may assign the lake
5-18 planning commission any duties applicable in that county that the
5-19 court considers appropriate and that are not inconsistent with this
5-20 subchapter, including the ability of the commission to issue bonds,
5-21 in the same manner as the affected county, for a capital
5-22 improvement or other project in that county on Lake Somerville or
5-23 in the lake area.
5-24 (b) The commissioners court of an affected county shall
5-25 adopt rules governing the operations of the commission in that
5-26 county.
5-27 Sec. 231.208. COMMISSION STUDIES; REPORTS; HEARINGS. (a)
6-1 At the request of the commissioners court of an affected county,
6-2 the lake planning commission shall, or on its own initiative the
6-3 commission may, conduct studies of the lake area in that county and
6-4 prepare reports to advise the commissioners court about the
6-5 boundaries of the original zoned districts in that county, other
6-6 regulations for the lake area in that county, and changes to those
6-7 districts or regulations.
6-8 (b) Before the commission may prepare a report, it must hold
6-9 a public hearing at which members of the public may present
6-10 testimony about any subject to be included in the commission's
6-11 report. The commission shall give notice of the hearing as
6-12 required by the commissioners court of the affected county.
6-13 (c) If a report will advise a commissioners court about
6-14 proposed action regarding the zoning classification of a parcel of
6-15 land, the commission shall send written notice to each landowner,
6-16 as listed on the county tax rolls, whose land is directly affected
6-17 by the proposed action or whose land is located within 200 feet of
6-18 land directly affected. The notice must inform the landowner of
6-19 the time and place of the public hearing at which the landowner may
6-20 present testimony to the commission about the proposed action and
6-21 must be deposited in the United States mail before the 10th day
6-22 before the date of the hearing.
6-23 Sec. 231.209. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.
6-24 The commissioners court of an affected county may adopt a proposed
6-25 ordinance only after the court receives the lake planning
6-26 commission's report prepared under Section 231.208 relating to the
6-27 proposed ordinance.
7-1 Sec. 231.210. SPECIAL EXCEPTIONS. (a) The lake planning
7-2 commission may recommend, subject to approval by the commissioners
7-3 court of an affected county, a special exception to an ordinance
7-4 applicable in that county and adopted under this subchapter if the
7-5 commission finds that the grant of the special exception will not
7-6 be contrary to the public interest and that a literal enforcement
7-7 of the ordinance would result in an unnecessary hardship.
7-8 (b) The commission shall adopt procedures governing
7-9 applications, notice, hearings, and other matters relating to the
7-10 grant of a special exception.
7-11 Sec. 231.211. CONFLICT BETWEEN ORDINANCES. If an ordinance
7-12 of a county adopted under this subchapter conflicts with an action
7-13 of a municipality that applies to any part of the lake area located
7-14 in that county and the municipality, the municipal action controls
7-15 to the extent of the conflict.
7-16 Sec. 231.212. ENFORCEMENT. (a) The county attorney or
7-17 other prosecuting attorney representing an affected county in the
7-18 district court is entitled to appropriate injunctive relief to
7-19 prevent a violation or threatened violation of an ordinance adopted
7-20 by that county under this subchapter from continuing or occurring.
7-21 (b) If an ordinance adopted under this subchapter defines an
7-22 offense, the offense is a Class C misdemeanor. The offense shall
7-23 be prosecuted in the same manner as an offense defined by state
7-24 law.
7-25 SECTION 2. This Act takes effect September 1, 1997.
7-26 SECTION 3. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.