1-1 By: Kubiak (Senate Sponsor - Ogden) H.B. No. 3583 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 16, 1997, reported favorably by 1-5 the following vote: Yeas 11, Nays 0; May 16, 1997, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to zoning around Lake Somerville. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 231, Local Government Code, is amended by 1-12 adding Subchapter J to read as follows: 1-13 SUBCHAPTER J. ZONING AROUND LAKE SOMERVILLE 1-14 Sec. 231.201. LEGISLATIVE FINDINGS; PURPOSE. (a) The 1-15 legislature finds that: 1-16 (1) those parts of Burleson, Milam, Lee, and 1-17 Washington counties that surround Lake Somerville will be 1-18 frequented for recreational purposes by residents from every part 1-19 of the state; 1-20 (2) orderly development and use of the area is of 1-21 concern to the entire state; and 1-22 (3) buildings in the area that will be frequented for 1-23 resort or recreational purposes will tend to become congested and 1-24 to be used in ways that interfere with the proper use of the area 1-25 as a place of recreation to the detriment of the public health, 1-26 safety, morals, and general welfare. 1-27 (b) The powers granted under this subchapter are for the 1-28 purpose of promoting the public health, safety, peace, morals, and 1-29 general welfare and encouraging recreation. 1-30 Sec. 231.202. DEFINITIONS. In this subchapter: 1-31 (1) "Affected county" means Burleson, Milam, Lee, or 1-32 Washington County. 1-33 (2) "Lake area" means the area within 5,000 feet of 1-34 the project boundary line for Lake Somerville. 1-35 Sec. 231.203. ZONING AND BUILDING CONSTRUCTION ORDINANCES. 1-36 (a) The commissioners court of an affected county may adopt 1-37 ordinances, not inconsistent with state law, that apply only to the 1-38 lake area in the county and that regulate: 1-39 (1) the height, number of stories, or size of 1-40 buildings in the area; 1-41 (2) the percentage of a lot that may be occupied; 1-42 (3) the size of yards and other spaces; 1-43 (4) population density; 1-44 (5) the location and use of buildings and land for 1-45 commercial, industrial, residential, or other purposes; and 1-46 (6) building construction standards. 1-47 (b) The commissioners court may not adopt an ordinance in 1-48 conflict with Article 5.43-4, Insurance Code, or with any rule 1-49 adopted under that article. An ordinance adopted in conflict with 1-50 that article is void. 1-51 (c) This subchapter does not authorize a commissioners court 1-52 to issue any order or regulation in conflict with a municipal 1-53 ordinance or state agency rule pertaining to the regulation of 1-54 billboards or outdoor advertising. An order or regulation issued 1-55 in conflict with a municipal ordinance or state agency rule is 1-56 void. 1-57 (d) The commissioners court may not regulate for siting or 1-58 zoning purposes new manufactured or industrialized housing that is 1-59 constructed to preemptive state or federal building standards in 1-60 any manner that is different from regulation of site-built housing. 1-61 (e) The commissioners court shall adopt rules as necessary 1-62 to carry out this subchapter. 1-63 Sec. 231.204. LOCAL OPTION ELECTION. (a) This subchapter 1-64 applies only to an affected county in which a majority of the 2-1 voters voting on the question approve this subchapter's grant of 2-2 authority to the county. The commissioners court of an affected 2-3 county shall order and hold an election if the court is petitioned 2-4 to do so under Section 231.205. The commissioners court may not 2-5 order and hold the election on its own motion. 2-6 (b) If an election is held, the ballot shall be printed to 2-7 provide for voting for or against the proposition: "Granting 2-8 authority to the county to adopt zoning and building construction 2-9 ordinances for the areas in the county around Lake Somerville." 2-10 Each qualified voter of each affected precinct is entitled to vote 2-11 in the election. 2-12 Sec. 231.205. PETITION; VERIFICATION. (a) A petition for a 2-13 local option election must include a statement worded substantially 2-14 as follows and located on each page of the petition preceding the 2-15 space reserved for signatures: "This petition is to request that an 2-16 election be held in (name of county) to authorize the county to 2-17 adopt zoning and building construction ordinances for the areas in 2-18 the county around Lake Somerville." 2-19 (b) To be valid, a petition must be signed by registered 2-20 voters of the county in a number equal to at least 10 percent of 2-21 the number of votes received by all candidates for governor in each 2-22 affected precinct in the most recent gubernatorial general 2-23 election. The petition must also include each signer's current 2-24 voter registration number, printed name, and residence address, 2-25 including zip code. 2-26 (c) Each signer must enter beside the signature the date on 2-27 which the petition is signed. A signature may not be counted if 2-28 the signer fails to include the date or if the date of signing is 2-29 before the 90th day before the date the petition is submitted to 2-30 the commissioners court. 2-31 (d) Within five days after the date a petition is received 2-32 in the office of the commissioners court, the commissioners court 2-33 shall submit the petition for verification to the county clerk, who 2-34 shall determine whether the petition meets the requirements imposed 2-35 by this section. Within 30 days after the date the petition is 2-36 submitted to the county clerk for verification, the county clerk 2-37 shall certify in writing to the commissioners court whether the 2-38 petition is valid. If the county clerk determines that the 2-39 petition is invalid, the clerk shall state the reasons for that 2-40 determination. 2-41 (e) If the county clerk certifies that a petition is valid, 2-42 the commissioners court shall order the election to be held on the 2-43 first uniform election date authorized by Section 41.001, Election 2-44 Code, that occurs after the date the court receives the county 2-45 clerk's certification and that allows for compliance with the time 2-46 requirements prescribed by Chapter 3, Election Code. 2-47 Sec. 231.206. LAKE SOMERVILLE PLANNING COMMISSION. (a) A 2-48 lake planning commission is established for the lake area in 2-49 Burleson, Milam, Lee, and Washington counties and is composed of: 2-50 (1) one resident of each affected county, appointed by 2-51 the county judge of that county; and 2-52 (2) the presiding officer of the commission appointed 2-53 by the county judge of Burleson County. 2-54 (b) Except for the initial appointed members, the appointed 2-55 members of the commission are appointed for terms of two years 2-56 expiring on February 1 of each odd-numbered year. The initial 2-57 appointed members are appointed for terms expiring on the first 2-58 February 1 of an odd-numbered year occurring after the date of 2-59 their appointment. 2-60 (c) The commission annually shall elect a presiding officer 2-61 and an assistant presiding officer from its members. The 2-62 commissioners court of the affected counties shall employ staff for 2-63 the use of the commission in performing its functions. 2-64 Sec. 231.207. COMMISSION DUTIES; RULES. (a) The 2-65 commissioners court of an affected county may assign the lake 2-66 planning commission any duties applicable in that county that the 2-67 court considers appropriate and that are not inconsistent with this 2-68 subchapter, including the ability of the commission to issue bonds, 2-69 in the same manner as the affected county, for a capital 3-1 improvement or other project in that county on Lake Somerville or 3-2 in the lake area. 3-3 (b) The commissioners court of an affected county shall 3-4 adopt rules governing the operations of the commission in that 3-5 county. 3-6 Sec. 231.208. COMMISSION STUDIES; REPORTS; HEARINGS. (a) 3-7 At the request of the commissioners court of an affected county, 3-8 the lake planning commission shall, or on its own initiative the 3-9 commission may, conduct studies of the lake area in that county and 3-10 prepare reports to advise the commissioners court about the 3-11 boundaries of the original zoned districts in that county, other 3-12 regulations for the lake area in that county, and changes to those 3-13 districts or regulations. 3-14 (b) Before the commission may prepare a report, it must hold 3-15 a public hearing at which members of the public may present 3-16 testimony about any subject to be included in the commission's 3-17 report. The commission shall give notice of the hearing as 3-18 required by the commissioners court of the affected county. 3-19 (c) If a report will advise a commissioners court about 3-20 proposed action regarding the zoning classification of a parcel of 3-21 land, the commission shall send written notice to each landowner, 3-22 as listed on the county tax rolls, whose land is directly affected 3-23 by the proposed action or whose land is located within 200 feet of 3-24 land directly affected. The notice must inform the landowner of 3-25 the time and place of the public hearing at which the landowner may 3-26 present testimony to the commission about the proposed action and 3-27 must be deposited in the United States mail before the 10th day 3-28 before the date of the hearing. 3-29 Sec. 231.209. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT. 3-30 The commissioners court of an affected county may adopt a proposed 3-31 ordinance only after the court receives the lake planning 3-32 commission's report prepared under Section 231.208 relating to the 3-33 proposed ordinance. 3-34 Sec. 231.210. SPECIAL EXCEPTIONS. (a) The lake planning 3-35 commission may recommend, subject to approval by the commissioners 3-36 court of an affected county, a special exception to an ordinance 3-37 applicable in that county and adopted under this subchapter if the 3-38 commission finds that the grant of the special exception will not 3-39 be contrary to the public interest and that a literal enforcement 3-40 of the ordinance would result in an unnecessary hardship. 3-41 (b) The commission shall adopt procedures governing 3-42 applications, notice, hearings, and other matters relating to the 3-43 grant of a special exception. 3-44 Sec. 231.211. CONFLICT BETWEEN ORDINANCES. If an ordinance 3-45 of a county adopted under this subchapter conflicts with an action 3-46 of a municipality that applies to any part of the lake area located 3-47 in that county and the municipality, the municipal action controls 3-48 to the extent of the conflict. 3-49 Sec. 231.212. ENFORCEMENT. (a) The county attorney or 3-50 other prosecuting attorney representing an affected county in the 3-51 district court is entitled to appropriate injunctive relief to 3-52 prevent a violation or threatened violation of an ordinance adopted 3-53 by that county under this subchapter from continuing or occurring. 3-54 (b) If an ordinance adopted under this subchapter defines an 3-55 offense, the offense is a Class C misdemeanor. The offense shall 3-56 be prosecuted in the same manner as an offense defined by state 3-57 law. 3-58 SECTION 2. This Act takes effect September 1, 1997. 3-59 SECTION 3. The importance of this legislation and the 3-60 crowded condition of the calendars in both houses create an 3-61 emergency and an imperative public necessity that the 3-62 constitutional rule requiring bills to be read on three several 3-63 days in each house be suspended, and this rule is hereby suspended. 3-64 * * * * *