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.