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.