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.