By: Sibley S.B. No. 709
A BILL TO BE ENTITLED
AN ACT
1-1 relating to development regulations for certain unincorporated
1-2 areas located in the watershed of Lake Granbury and the Brazos
1-3 River; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 231, Local Government Code, is amended by
1-6 adding Subchapter K to read as follows:
1-7 SUBCHAPTER K. DEVELOPMENT REGULATIONS IN HOOD COUNTY
1-8 Sec. 231.221. LEGISLATIVE FINDINGS; PURPOSE. (a) The
1-9 legislature finds that:
1-10 (1) all of Hood County is located within the watershed
1-11 that drains into Lake Granbury and the Brazos River;
1-12 (2) the area that surrounds Lake Granbury and the
1-13 Brazos River in Hood County is or will be frequented for
1-14 recreational purposes by residents from every part of the state;
1-15 (3) orderly development of the area and the watershed
1-16 is of concern to the entire state; and
1-17 (4) without adequate development regulations, the area
1-18 and the watershed will be developed in ways that endanger and
1-19 interfere with the proper use of that area as a place of recreation
1-20 to the detriment of the public health, safety, morals, and general
1-21 welfare.
1-22 (b) The powers granted under this subchapter are for the
1-23 purpose of:
1-24 (1) promoting the public health, safety, peace,
2-1 morals, and general welfare;
2-2 (2) encouraging recreation; and
2-3 (3) safeguarding and preventing the pollution of the
2-4 state's rivers and lakes.
2-5 Sec. 231.222. AREAS SUBJECT TO REGULATION. This subchapter
2-6 applies only to the unincorporated areas of Hood County.
2-7 Sec. 231.223. DEVELOPMENT REGULATIONS GENERALLY. The
2-8 Commissioners Court of Hood County may regulate:
2-9 (1) the percentage of a lot that may be occupied or
2-10 developed;
2-11 (2) population density;
2-12 (3) the size of buildings;
2-13 (4) the location, design, construction, extension, and
2-14 size of streets and roads;
2-15 (5) the location, design, construction, extension,
2-16 size, and installation of water and wastewater facilities,
2-17 including the requirements for connecting to a centralized water or
2-18 wastewater system;
2-19 (6) the location, design, construction, extension,
2-20 size, and installation of drainage facilities and other required
2-21 public facilities;
2-22 (7) the location, design, and construction of parks,
2-23 playgrounds, and recreational areas; and
2-24 (8) the abatement of harm resulting from inadequate
2-25 water or wastewater facilities.
2-26 Sec. 231.224. COMPLIANCE WITH COUNTY PLAN. Development
3-1 regulations must be:
3-2 (1) adopted in accordance with a county plan for
3-3 growth and development of the county; and
3-4 (2) coordinated with the comprehensive plans of
3-5 municipalities located in the county.
3-6 Sec. 231.225. DISTRICTS. (a) The commissioners court may
3-7 divide the unincorporated area of the county into districts of a
3-8 number, shape, and size the court considers best for carrying out
3-9 this subchapter.
3-10 (b) Development regulations may vary from district to
3-11 district.
3-12 Sec. 231.226. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
3-13 AND DISTRICT BOUNDARIES. (a) A development regulation adopted
3-14 under this subchapter is not effective until it is adopted by the
3-15 commissioners court after a public hearing. Before the 15th day
3-16 before the date of the hearing, the commissioners court must
3-17 publish notice of the hearing in a newspaper of general circulation
3-18 in the county.
3-19 (b) The commissioners court may establish or amend a
3-20 development regulation only by an order passed by a majority vote
3-21 of the full membership of the court.
3-22 Sec. 231.227. DEVELOPMENT COMMISSION. (a) The
3-23 commissioners court may appoint a development commission to assist
3-24 in the implementation and enforcement of development regulations
3-25 adopted under this subchapter.
3-26 (b) The development commission must consist of an ex officio
4-1 chairman who must be a public official in Hood County and four
4-2 additional members.
4-3 (c) The development commission is advisory only and may
4-4 recommend appropriate development regulations for the county.
4-5 Sec. 231.228. SPECIAL EXCEPTION. (a) A person aggrieved by
4-6 a development regulation adopted under this subchapter may petition
4-7 the commissioners court or the development commission, if the
4-8 commissioners court has established a development commission, for a
4-9 special exception to a development regulation adopted by the
4-10 commissioners court.
4-11 (b) The commissioners court shall adopt procedures governing
4-12 applications, notice, hearings, and other matters relating to the
4-13 grant of a special exception.
4-14 Sec. 231.229. ENFORCEMENT; PENALTY. (a) The commissioners
4-15 court may adopt orders to enforce this subchapter or an order or
4-16 development regulation adopted under this subchapter.
4-17 (b) A person commits an offense if the person violates this
4-18 subchapter or an order or development regulation adopted under this
4-19 subchapter. An offense under this subsection is a misdemeanor
4-20 punishable by a fine of not less than $500 or more than $1,000.
4-21 Each day that a violation occurs constitutes a separate offense.
4-22 Trial shall be in the district court.
4-23 Sec. 231.230. COOPERATION WITH MUNICIPALITIES. The
4-24 commissioners court by order may enter into agreements with any
4-25 municipality located in the county to assist in the implementation
4-26 and enforcement of development regulations adopted under this
5-1 subchapter.
5-2 Sec. 231.231. CONFLICT WITH OTHER LAWS. If a development
5-3 regulation adopted under this subchapter imposes higher standards
5-4 than those required under another statute or local order or
5-5 regulation, the regulation adopted under this subchapter controls.
5-6 If the other statute or local order or regulation imposes higher
5-7 standards, that statute, order, or regulation controls.
5-8 SECTION 2. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.