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.

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