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