By Wentworth                                          S.B. No. 1762
         77R1703 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a county to regulate land development
 1-3     after a local option election.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle B, Title 7, Local Government Code, is
 1-6     amended by adding Chapter 236 to read as follows:
 1-7             CHAPTER 236.  COUNTY REGULATION OF LAND DEVELOPMENT
 1-8           Sec. 236.001.  SCOPE OF REGULATORY AUTHORITY.  The
 1-9     commissioners court of a county that is granted authority in
1-10     accordance with this chapter may regulate, by order, land
1-11     development in the unincorporated area of the county by:
1-12                 (1)  requiring a subdivision to use a central water or
1-13     wastewater system under standards adopted by the county;
1-14                 (2)  requiring that a subdivision have a minimum fire
1-15     suppression system, including the use of fire hydrants, storage
1-16     tanks, or ponds;
1-17                 (3)  requiring improvements to roadways serving a
1-18     subdivision;
1-19                 (4)  requiring a minimum amount of open space or
1-20     imposing a limit on the amount of impervious cover for recharge and
1-21     runoff purposes;
1-22                 (5)  imposing impact fees under Chapter 395; or
1-23                 (6)  adopting any other regulation necessary to
1-24     regulate or manage land development.
 2-1           Sec. 236.002.  ELECTION TO GRANT REGULATORY AUTHORITY.  The
 2-2     commissioners court of a county may order and hold an election in
 2-3     the county on the question of granting the commissioners court the
 2-4     authority to regulate land development in the unincorporated area
 2-5     of the county.
 2-6           Sec. 236.003.  BALLOT PROPOSITION.  For an election under
 2-7     this chapter the ballot shall be prepared to permit voting for or
 2-8     against the proposition: "Granting (name of county) the authority
 2-9     to regulate land development in the unincorporated area of the
2-10     county."
2-11           Sec. 236.004.  EFFECT OF ELECTION.  If a majority of the
2-12     votes received on the question at the election approve the grant of
2-13     authority, the commissioners court of the county may adopt a
2-14     regulation under this chapter.
2-15           SECTION 2.  Section 395.001(7), Local Government Code, is
2-16     amended to read as follows:
2-17                 (7)  "Political subdivision" means:
2-18                       (A)  a municipality;
2-19                       (B)  [,] a district or authority created under
2-20     Article III, Section 52, or Article XVI, Section 59, of the Texas
2-21     Constitution;
2-22                       (C)  [, or,] for the purposes set forth by
2-23     Section 395.079, certain counties described by that section; or
2-24                       (D)  a county authorized to regulate land
2-25     development under Chapter 236.
2-26           SECTION 3.  Section 395.011(b), Local Government Code, is
2-27     amended to read as follows:
 3-1           (b)  Political subdivisions may enact or impose impact fees
 3-2     on land within their [corporate] boundaries or extraterritorial
 3-3     jurisdictions only by complying with this chapter, except that
 3-4     impact fees may not be enacted or imposed in the extraterritorial
 3-5     jurisdiction for roadway facilities.
 3-6           SECTION 4.  Sections 395.016(c) and (d), Local Government
 3-7     Code, are amended to read as follows:
 3-8           (c)  This subsection applies only to impact fees adopted
 3-9     after June 20, 1987.  For new development which is platted in
3-10     accordance with Subchapter A, Chapter 212, or Subchapter A or B,
3-11     Chapter 232, or the subdivision or platting procedures of any other
3-12     [a] political subdivision before the adoption of an impact fee, an
3-13     impact fee may not be collected on any service unit for which a
3-14     valid building permit is issued within one year after the date of
3-15     adoption of the impact fee.
3-16           (d)  This subsection applies only to land platted in
3-17     accordance with Subchapter A, Chapter 212, or Subchapter A or B,
3-18     Chapter 232, or the subdivision or platting procedures of any other
3-19     [a] political subdivision after adoption of an impact fee adopted
3-20     after June 20, 1987.  The political subdivision shall assess the
3-21     impact fees before or at the time of recordation of a subdivision
3-22     plat or other plat under Subchapter A, Chapter 212, or Subchapter A
3-23     or B, Chapter 232, or the subdivision or platting ordinance or
3-24     procedures of any other political subdivision in the official
3-25     records of the county clerk of the county in which the tract is
3-26     located.  Except as provided by Section 395.019, the political
3-27     subdivision may collect the fees at either the time of recordation
 4-1     of the subdivision plat or connection to the political
 4-2     subdivision's water or sewer system or at the time the political
 4-3     subdivision issues either the building permit or the certificate of
 4-4     occupancy.
 4-5           SECTION 5.  This Act takes effect immediately if it receives
 4-6     a vote of two-thirds of all the members elected to each house, as
 4-7     provided by Section 39, Article III, Texas Constitution.  If this
 4-8     Act does not receive the vote necessary for immediate effect, this
 4-9     Act takes effect September 1, 2001.