76R15269 E By Sibley S.B. No. 709 Substitute the following for S.B. No. 709: By Howard C.S.S.B. No. 709 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to development regulations for certain unincorporated 1-3 areas located in the watershed of Lake Granbury and the Brazos 1-4 River; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 231, Local Government Code, is amended by 1-7 adding Subchapter K to read as follows: 1-8 SUBCHAPTER K. DEVELOPMENT REGULATIONS IN HOOD COUNTY 1-9 Sec. 231.221. LEGISLATIVE FINDINGS; PURPOSE. (a) The 1-10 legislature finds that: 1-11 (1) all of Hood County is located within the watershed 1-12 that drains into Lake Granbury and the Brazos River; 1-13 (2) the area that surrounds Lake Granbury and the 1-14 Brazos River in Hood County is or will be frequented for 1-15 recreational purposes by residents from every part of the state; 1-16 (3) orderly development of the area and the watershed 1-17 is of concern to the entire state; and 1-18 (4) without adequate development regulations, the area 1-19 and the watershed will be developed in ways that endanger and 1-20 interfere with the proper use of that area as a place of recreation 1-21 to the detriment of the public health, safety, morals, and general 1-22 welfare. 1-23 (b) The powers granted under this subchapter are for the 1-24 purpose of: 2-1 (1) promoting the public health, safety, peace, 2-2 morals, and general welfare; 2-3 (2) encouraging recreation; and 2-4 (3) safeguarding and preventing the pollution of the 2-5 state's rivers and lakes. 2-6 Sec. 231.222. AREAS SUBJECT TO REGULATION. This subchapter 2-7 applies only to the unincorporated areas of Hood County. 2-8 Sec. 231.223. DEVELOPMENT REGULATIONS GENERALLY. The 2-9 Commissioners Court of Hood County may regulate: 2-10 (1) the location, design, construction, extension, and 2-11 size of streets and roads; 2-12 (2) the location, design, construction, extension, 2-13 size, and installation of water and wastewater facilities, 2-14 including the requirements for connecting to a centralized water or 2-15 wastewater system; 2-16 (3) the location, design, construction, extension, 2-17 size, and installation of drainage facilities and other required 2-18 public facilities; 2-19 (4) the location, design, and construction of parks, 2-20 playgrounds, and recreational areas; and 2-21 (5) the abatement of harm resulting from inadequate 2-22 water or wastewater facilities. 2-23 Sec. 231.224. COMPLIANCE WITH COUNTY PLAN. Development 2-24 regulations must be: 2-25 (1) adopted in accordance with a county plan for 2-26 growth and development of the county; and 2-27 (2) coordinated with the comprehensive plans of 3-1 municipalities located in the county. 3-2 Sec. 231.225. DISTRICTS. (a) The commissioners court may 3-3 divide the unincorporated area of the county into districts of a 3-4 number, shape, and size the court considers best for carrying out 3-5 this subchapter. 3-6 (b) Development regulations may vary from district to 3-7 district. 3-8 Sec. 231.226. PROCEDURE GOVERNING ADOPTION OF REGULATIONS 3-9 AND DISTRICT BOUNDARIES. (a) A development regulation adopted 3-10 under this subchapter is not effective until it is adopted by the 3-11 commissioners court after a public hearing. Before the 15th day 3-12 before the date of the hearing, the commissioners court must 3-13 publish notice of the hearing in a newspaper of general circulation 3-14 in the county. 3-15 (b) The commissioners court may establish or amend a 3-16 development regulation only by an order passed by a majority vote 3-17 of the full membership of the court. 3-18 Sec. 231.227. DEVELOPMENT COMMISSION. (a) The 3-19 commissioners court may appoint a development commission to assist 3-20 in the implementation and enforcement of development regulations 3-21 adopted under this subchapter. 3-22 (b) The development commission must consist of an ex officio 3-23 chairman who must be a public official in Hood County and four 3-24 additional members. 3-25 (c) The development commission is advisory only and may 3-26 recommend appropriate development regulations for the county. 3-27 (d) The members of the development commission are subject to 4-1 the same requirements relating to conflicts of interest that are 4-2 applicable to the commissioners court under Chapter 171. 4-3 Sec. 231.228. SPECIAL EXCEPTION. (a) A person aggrieved by 4-4 a development regulation adopted under this subchapter may petition 4-5 the commissioners court or the development commission, if the 4-6 commissioners court has established a development commission, for a 4-7 special exception to a development regulation adopted by the 4-8 commissioners court. 4-9 (b) The commissioners court shall adopt procedures governing 4-10 applications, notice, hearings, and other matters relating to the 4-11 grant of a special exception. 4-12 Sec. 231.229. ENFORCEMENT; PENALTY. (a) The commissioners 4-13 court may adopt orders to enforce this subchapter or an order or 4-14 development regulation adopted under this subchapter. 4-15 (b) A person commits an offense if the person violates this 4-16 subchapter or an order or development regulation adopted under this 4-17 subchapter. An offense under this subsection is a misdemeanor 4-18 punishable by a fine of not less than $500 or more than $1,000. 4-19 Each day that a violation occurs constitutes a separate offense. 4-20 Trial shall be in the district court. 4-21 Sec. 231.230. COOPERATION WITH MUNICIPALITIES. The 4-22 commissioners court by order may enter into agreements with any 4-23 municipality located in the county to assist in the implementation 4-24 and enforcement of development regulations adopted under this 4-25 subchapter. 4-26 Sec. 231.231. CONFLICT WITH OTHER LAWS. If a development 4-27 regulation adopted under this subchapter imposes higher standards 5-1 than those required under another statute or local order or 5-2 regulation, the regulation adopted under this subchapter controls. 5-3 If the other statute or local order or regulation imposes higher 5-4 standards, that statute, order, or regulation controls. 5-5 SECTION 2. The importance of this legislation and the 5-6 crowded condition of the calendars in both houses create an 5-7 emergency and an imperative public necessity that the 5-8 constitutional rule requiring bills to be read on three several 5-9 days in each house be suspended, and this rule is hereby suspended, 5-10 and that this Act take effect and be in force from and after its 5-11 passage, and it is so enacted.