SRC-JJJ S.B. 709 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 709
76R2478 PAM-DBy: Sibley
Intergovernmental Relations
3/23/1999
As Filed


DIGEST 

Currently, there is no control over development in unincorporated areas of
Hood County and the cities of Granbury, Tolar, and Lipan.  The development
occurring in these areas is out of the control of the city and county
officials.  S.B. 709 would grant limited control over development in
unincorporated areas in order to guard public health, safety, general
welfare, and prevent pollution of the Brazos River and Lake Granbury. 

PURPOSE

As proposed, S.B. 709 establishes development regulations for certain
unincorporated areas located in the watershed of Lake Granbury and the
Brazos River, and provides certain penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

SUBCHAPTER K.  DEVELOPMENT REGULATIONS IN HOOD COUNTY

Sec. 231.221.  LEGISLATIVE FINDINGS; PURPOSE.  Sets forth legislative
findings and powers granted under this subchapter.   

Sec. 231.222.  AREAS SUBJECT TO REGULATION.  Establishes that this
subchapter applies only to the unincorporated areas of Hood County. 

Sec. 231.223.  DEVELOPMENT REGULATIONS GENERALLY.  Authorizes the
Commissioners Court of Hood County to regulate certain conditions involving
development regulations. 

Sec. 231.224.  COMPLIANCE WITH COUNTY PLAN.  Sets forth requirements for
development regulations. 

Sec. 231.225.  DISTRICTS.  Authorizes the commissioners court to divide the
unincorporated area of the county into certain districts considered best by
the court. Authorizes development regulations to vary from district to
district. 

Sec. 231.226.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT
BOUNDARIES.  Establishes that a development regulation is not effective
until adoption by the commissioners court after a public hearing.  Requires
the commissioners court to post a notice of the hearing in a newspaper of
general circulation in the county prior to 15 days before the date of the
hearing.  Authorizes the commissioners court to establish or amend a
development regulation only by an order passed by a majority vote of the
full membership of the court. 

Sec. 231.227.  DEVELOPMENT COMMISSION.  Authorizes the commissioners court
to  appoint a development commission to assist in the implementation and
enforcement of development regulations.  Requires the development
commission to consist of an ex officio chairman who must be a public
official in Hood County and four additional members. Establishes that the
development commission is advisory only and is authorized to recommend
appropriate regulations for the county. 

Sec.  231.228.  SPECIAL EXCEPTION.  Authorizes a person aggrieved by a
development regulation to petition the commissioners court or the
development commission, for a special exception to a development regulation
adopted by the commissioners court.  Requires the commissioners court to
adopt procedures relating to certain matters relating to the grant of a
special exception.   

Sec. 231.229.  ENFORCEMENT; PENALTY.  Authorizes the commissioners court to
adopt orders to enforce this subchapter or an order or development
regulation adopted under this subchapter.  Establishes that a person
commits an offense if the person violates this subchapter or an order or
development regulation adopted under this subchapter.  Provides that an
offense committed under this subsection is a misdemeanor punishable by a
fine of not less than $500 and not to exceed $1,000, and establishes that
each day a violation occurs is a separate offense.  Requires a trial to be
in district court. 

Sec. 231.230.  COOPERATION WITH MUNICIPALITIES.  Authorizes the
commissioners court by order to enter into agreements with any municipality
located in the county to assist in the implementation and enforcement of
development regulations adopted under this subchapter. 

Sec. 231.231.  CONFLICT WITH OTHER LAWS.  Provides that the developmental
regulation, statute or local order that imposes the highest standards
controls. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.