By Cuellar                                              H.B. No. 52
         76R314 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing a county planning commission to regulate
 1-3     subdivision platting and development.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 232.002, Local Government Code, is
 1-6     amended by adding Subsection (c) to read as follows:
 1-7           (c)  If the commissioners court of the county in which the
 1-8     land is located has established a planning commission as provided
 1-9     by Subchapter D, the commissioners court may authorize the planning
1-10     commission to review, evaluate, approve, or deny subdivision plats
1-11     under this section.  The planning commission is subject to the same
1-12     provisions applicable to the commissioners court under this
1-13     subchapter.
1-14           SECTION 2.  Section 232.005, Local Government Code, is
1-15     amended to read as follows:
1-16           Sec. 232.005.  ENFORCEMENT IN GENERAL; PENALTY.  (a)  At the
1-17     request of the commissioners court or a planning commission
1-18     established under Subchapter D, the county attorney or other
1-19     prosecuting attorney  for the county may file an action in a court
1-20     of competent jurisdiction to:
1-21                 (1)  enjoin the violation or threatened violation of a
1-22     requirement established [by,] or adopted by:
1-23                       (A)  the commissioners court under a preceding
1-24     section of this chapter; or
 2-1                       (B)  a planning commission established under
 2-2     Subchapter D; or
 2-3                 (2)  recover damages in an amount adequate for the
 2-4     county to undertake any construction or other activity necessary to
 2-5     bring about compliance with a requirement established [by,] or
 2-6     adopted by:
 2-7                       (A)  the commissioners court under a preceding
 2-8     section of this chapter; or
 2-9                       (B)  a planning commission established under
2-10     Subchapter D.
2-11           (b)  A person commits an offense if the person knowingly or
2-12     intentionally violates a requirement established [by,] or adopted
2-13     by:
2-14                 (1)  the commissioners court under a preceding section
2-15     of this chapter; or
2-16                 (2)  a planning commission  established under
2-17     Subchapter D.
2-18           (c)  An offense under Subsection (b) [this subsection] is a
2-19     Class B misdemeanor.  Subsection (b) [This  subsection] does not
2-20     apply to a violation for which a criminal penalty is prescribed by
2-21     Section 232.0048.
2-22           (d) [(c)]  A requirement that was established by or adopted
2-23     under Chapter 436, Acts of the 55th Legislature, Regular  Session,
2-24     1957 (Article 6626a, Vernon's Texas Civil Statutes), or Chapter
2-25     151, Acts of the 52nd Legislature, Regular Session, 1951 (Article
2-26     2372k, Vernon's Texas Civil Statutes), before September 1, 1983,
2-27     and that, after that date, continues to apply to a subdivision of
 3-1     land is enforceable under Subsection (a).  A knowing or intentional
 3-2     violation of the requirement is an offense under Subsection (b).
 3-3           SECTION 3.   Section 232.024, Local Government Code, is
 3-4     amended by adding Subsection (d) to read as follows:
 3-5           (d)  If the commissioners court of the county in which the
 3-6     land is located has established a planning commission as provided
 3-7     by Subchapter D, the commissioners court may authorize the planning
 3-8     commission to review, evaluate, approve, or deny subdivision plats
 3-9     under this section.  The planning commission is subject to the same
3-10     provisions applicable to the commissioners court under this
3-11     subchapter.
3-12           SECTION 4.  Section 232.073, Local Government Code, is
3-13     amended to read as follows:
3-14           Sec. 232.073.  APPROVAL BY COUNTY REQUIRED.  (a)  A plat
3-15     filed under Section 232.072 is not valid unless the commissioners
3-16     court of the county in which the land is located approves the plat
3-17     by an order entered in the minutes of the court.  The commissioners
3-18     court shall refuse to approve a plat if it does not meet the
3-19     requirements prescribed by or under this subchapter or if any bond
3-20     required under this subchapter is not filed with the county clerk.
3-21           (b)  If the commissioners court of the county in which the
3-22     land is located has established a planning commission as provided
3-23     by Subchapter D, the commissioners court may authorize the planning
3-24     commission to review, evaluate, approve, or deny subdivision plats
3-25     under this section.  The planning commission is subject to the same
3-26     provisions applicable to the commissioners court under this
3-27     subchapter.
 4-1           SECTION 5.  Chapter 232, Local Government Code, is amended by
 4-2     adding Subchapter D to read as follows:
 4-3                  SUBCHAPTER D.  COUNTY PLANNING COMMISSION
 4-4           Sec. 232.091.  APPLICABILITY.  This subchapter applies only
 4-5     to a county:
 4-6                 (1)  that has a population of 100,000 or more; and
 4-7                 (2)  in which the commissioners court by order elects
 4-8     to operate under this subchapter.
 4-9           Sec. 232.092.  ESTABLISHMENT OF PLANNING COMMISSION.  (a)  To
4-10     promote the general public welfare, the commissioners court of a
4-11     county by order may establish a planning commission under this
4-12     section.
4-13           (b)  The commissioners court may authorize the planning
4-14     commission to act on behalf of the commissioners court in matters
4-15     relating to:
4-16                 (1)  the duties and authority of the commissioners
4-17     court under Subchapter A, B, or C; and
4-18                 (2)  land use, health and safety, planning and
4-19     development, or other enforcement provisions specifically
4-20     authorized by law.
4-21           (c)  If the commissioners court establishes a planning
4-22     commission, the commissioners court by order shall adopt reasonable
4-23     rules and procedures necessary to administer this subchapter.
4-24           Sec. 232.093.  APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
4-25     (a)  The commissioners court may appoint a planning  commission
4-26     consisting of five members.  Members are appointed for staggered
4-27     terms of two years.
 5-1           (b)  A person appointed as a member of the planning
 5-2     commission must be a citizen of the United States and reside in the
 5-3     county.
 5-4           (c)  The commissioners court shall file with the county clerk
 5-5     a certificate of appointment for each commission member.
 5-6           (d)  The commissioners court shall fill any vacancy on the
 5-7     commission.
 5-8           Sec. 232.094.  OFFICERS, QUORUM, AND MEETINGS.  (a)  At the
 5-9     first meeting of each calendar year, the planning  commission shall
5-10     elect a presiding officer and assistant presiding officer.  The
5-11     presiding officer presides over the meetings and executes all
5-12     documentation required on behalf of the planning commission.  The
5-13     assistant presiding officer represents the presiding officer during
5-14     the presiding officer's absence.
5-15           (b)  There is no limitation on the number of terms a member
5-16     may serve on the commission.
5-17           (c)  Minutes of the planning commission's proceedings must be
5-18     filed with the county clerk or other county officer or employee
5-19     designated by the commissioners court.  The minutes of the planning
5-20     commission's proceedings are a public record.
5-21           (d)  The planning commission may adopt rules necessary to
5-22     administer this subchapter.
5-23           Sec. 232.095.  CONFLICT OF INTEREST.  (a)  If a member of the
5-24     planning commission has a substantial interest in a subdivided
5-25     tract, the member shall:
5-26                 (1)  file, before a vote or decision regarding the
5-27     approval of a plat for the tract, an affidavit stating the nature
 6-1     and extent of the interest; and
 6-2                 (2)  abstain from further participation in the matter.
 6-3           (b)  The affidavit required by Subsection (a)(1) must be
 6-4     filed with the official minutes of the planning commission.
 6-5           (c)  In this section, "substantial interest" means:
 6-6                 (1)  a substantial interest described by Section
 6-7     232.0048, if the county is operating under Subchapter A;
 6-8                 (2)  an interest described by Section 232.034, if the
 6-9     county is operating under Subchapter B; or
6-10                 (3)  an interest described by Section 232.078, if the
6-11     county is operating under Subchapter C.
6-12           SECTION 6.  The importance of this legislation and the
6-13     crowded condition of the calendars in both houses create an
6-14     emergency and an imperative public necessity that the
6-15     constitutional rule requiring bills to be read on three several
6-16     days in each house be suspended, and this rule is hereby suspended.