1-1     By:  Sibley                                            S.B. No. 709
 1-2           (In the Senate - Filed February 25, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 8, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; April 8, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to development regulations for certain unincorporated
 1-9     areas located in the watershed of Lake Granbury and the Brazos
1-10     River; providing a penalty.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Chapter 231, Local Government Code, is amended by
1-13     adding Subchapter K to read as follows:
1-14            SUBCHAPTER K.  DEVELOPMENT REGULATIONS IN HOOD COUNTY
1-15           Sec. 231.221.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The
1-16     legislature finds that:
1-17                 (1)  all of Hood County is located within the watershed
1-18     that drains into Lake Granbury and the Brazos River;
1-19                 (2)  the area that surrounds Lake Granbury and the
1-20     Brazos River in Hood County is or will be frequented for
1-21     recreational purposes by residents from every part of the state;
1-22                 (3)  orderly development of the area and the watershed
1-23     is of concern to the entire state; and
1-24                 (4)  without adequate development regulations, the area
1-25     and the watershed will be developed in ways that endanger and
1-26     interfere with the proper use of that area as a place of recreation
1-27     to the detriment of the public health, safety, morals, and general
1-28     welfare.
1-29           (b)  The powers granted under this subchapter are for the
1-30     purpose of:
1-31                 (1)  promoting the public health, safety, peace,
1-32     morals, and general welfare;
1-33                 (2)  encouraging recreation; and
1-34                 (3)  safeguarding and preventing the pollution of the
1-35     state's rivers and lakes.
1-36           Sec. 231.222.  AREAS SUBJECT TO REGULATION.  This subchapter
1-37     applies only to the unincorporated areas of Hood County.
1-38           Sec. 231.223.  DEVELOPMENT REGULATIONS GENERALLY.  The
1-39     Commissioners Court of Hood County may regulate:
1-40                 (1)  the percentage of a lot that may be occupied or
1-41     developed;
1-42                 (2)  population density;
1-43                 (3)  the size of buildings;
1-44                 (4)  the location, design, construction, extension, and
1-45     size of streets and roads;
1-46                 (5)  the location, design, construction, extension,
1-47     size, and installation of water and wastewater facilities,
1-48     including the requirements for connecting to a centralized water or
1-49     wastewater system;
1-50                 (6)  the location, design, construction, extension,
1-51     size, and installation of drainage facilities and other required
1-52     public facilities;
1-53                 (7)  the location, design, and construction of parks,
1-54     playgrounds, and recreational areas; and
1-55                 (8)  the abatement of harm resulting from inadequate
1-56     water or wastewater facilities.
1-57           Sec. 231.224.  COMPLIANCE WITH COUNTY PLAN.  Development
1-58     regulations must be:
1-59                 (1)  adopted in accordance with a county plan for
1-60     growth and development of the county; and
1-61                 (2)  coordinated with the comprehensive plans of
1-62     municipalities located in the county.
1-63           Sec. 231.225.  DISTRICTS.  (a)  The commissioners court may
1-64     divide the unincorporated area of the county into districts of a
 2-1     number, shape, and size the court considers best for carrying out
 2-2     this subchapter.
 2-3           (b)  Development regulations may vary from district to
 2-4     district.
 2-5           Sec. 231.226.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS
 2-6     AND DISTRICT BOUNDARIES.  (a)  A development regulation adopted
 2-7     under this subchapter is not effective until it is adopted by the
 2-8     commissioners court after a public hearing.  Before the 15th day
 2-9     before the date of the hearing, the commissioners court must
2-10     publish notice of the hearing in a newspaper of general circulation
2-11     in the county.
2-12           (b)  The commissioners court may establish or amend a
2-13     development regulation only by an order passed by a majority vote
2-14     of the full membership of the court.
2-15           Sec. 231.227.  DEVELOPMENT COMMISSION.  (a)  The
2-16     commissioners court may appoint a development commission to assist
2-17     in the implementation and enforcement of development regulations
2-18     adopted under this subchapter.
2-19           (b)  The development commission must consist of an ex officio
2-20     chairman who must be a public official in Hood County and four
2-21     additional members.
2-22           (c)  The development commission is advisory only and may
2-23     recommend appropriate development regulations for the county.
2-24           Sec. 231.228.  SPECIAL EXCEPTION.  (a)  A person aggrieved by
2-25     a development regulation adopted under this subchapter may petition
2-26     the commissioners court or the development commission, if the
2-27     commissioners court has established a development commission, for a
2-28     special exception to a development regulation adopted by the
2-29     commissioners court.
2-30           (b)  The commissioners court shall adopt procedures governing
2-31     applications, notice, hearings, and other matters relating to the
2-32     grant of a special exception.
2-33           Sec. 231.229.  ENFORCEMENT; PENALTY.  (a)  The commissioners
2-34     court may adopt orders to enforce this subchapter or an order or
2-35     development regulation adopted under this subchapter.
2-36           (b)  A person commits an offense if the person violates this
2-37     subchapter or an order or development regulation adopted under this
2-38     subchapter.  An offense under this subsection is a misdemeanor
2-39     punishable by a fine of not less than $500 or more than $1,000.
2-40     Each day that a violation occurs constitutes a separate offense.
2-41     Trial shall be in the district court.
2-42           Sec. 231.230.  COOPERATION WITH MUNICIPALITIES.  The
2-43     commissioners court by order may enter into agreements with any
2-44     municipality located in the county to assist in the implementation
2-45     and enforcement of development regulations adopted under this
2-46     subchapter.
2-47           Sec. 231.231.  CONFLICT WITH OTHER LAWS.  If a development
2-48     regulation adopted under this subchapter imposes higher standards
2-49     than those required under another statute or local order or
2-50     regulation, the regulation adopted under this subchapter controls.
2-51     If the other statute or local order or regulation imposes higher
2-52     standards, that statute, order, or regulation controls.
2-53           SECTION 2.  The importance of this legislation and the
2-54     crowded condition of the calendars in both houses create an
2-55     emergency and an imperative public necessity that the
2-56     constitutional rule requiring bills to be read on three several
2-57     days in each house be suspended, and this rule is hereby suspended,
2-58     and that this Act take effect and be in force from and after its
2-59     passage, and it is so enacted.
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