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 (d) The members of the development commission are subject to 4-6 the same requirements relating to conflicts of interest that are 4-7 applicable to the commissioners court under Chapter 171. 4-8 Sec. 231.228. SPECIAL EXCEPTION. (a) A person aggrieved by 4-9 a development regulation adopted under this subchapter may petition 4-10 the commissioners court or the development commission, if the 4-11 commissioners court has established a development commission, for a 4-12 special exception to a development regulation adopted by the 4-13 commissioners court. 4-14 (b) The commissioners court shall adopt procedures governing 4-15 applications, notice, hearings, and other matters relating to the 4-16 grant of a special exception. 4-17 Sec. 231.229. ENFORCEMENT; PENALTY. (a) The commissioners 4-18 court may adopt orders to enforce this subchapter or an order or 4-19 development regulation adopted under this subchapter. 4-20 (b) A person commits an offense if the person violates this 4-21 subchapter or an order or development regulation adopted under this 4-22 subchapter. An offense under this subsection is a misdemeanor 4-23 punishable by a fine of not less than $500 or more than $1,000. 4-24 Each day that a violation occurs constitutes a separate offense. 4-25 Trial shall be in the district court. 4-26 Sec. 231.230. COOPERATION WITH MUNICIPALITIES. The 5-1 commissioners court by order may enter into agreements with any 5-2 municipality located in the county to assist in the implementation 5-3 and enforcement of development regulations adopted under this 5-4 subchapter. 5-5 Sec. 231.231. CONFLICT WITH OTHER LAWS. If a development 5-6 regulation adopted under this subchapter imposes higher standards 5-7 than those required under another statute or local order or 5-8 regulation, the regulation adopted under this subchapter controls. 5-9 If the other statute or local order or regulation imposes higher 5-10 standards, that statute, order, or regulation controls. 5-11 SECTION 2. The importance of this legislation and the 5-12 crowded condition of the calendars in both houses create an 5-13 emergency and an imperative public necessity that the 5-14 constitutional rule requiring bills to be read on three several 5-15 days in each house be suspended, and this rule is hereby suspended, 5-16 and that this Act take effect and be in force from and after its 5-17 passage, and it is so enacted. S.B. No. 709 ________________________________ ________________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 709 passed the Senate on April 19, 1999, by the following vote: Yeas 30, Nays 0; May 27, 1999, Senate refused to concur in House amendment and requested appointment of Conference Committee; May 28, 1999, House granted request of the Senate; May 30, 1999, Senate adopted Conference Committee Report by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 709 passed the House, with amendment, on May 25, 1999, by the following vote: Yeas 145, Nays 0, two present not voting; May 28, 1999, House granted request of the Senate for appointment of Conference Committee; May 30, 1999, House adopted Conference Committee Report by the following vote: Yeas 146, Nays 0, one present not voting. _______________________________ Chief Clerk of the House Approved: ________________________________ Date ________________________________ Governor