78R4867 MI-F
By: Wohlgemuth H.B. No. 1064
A BILL TO BE ENTITLED
AN ACT
relating to the development regulatory authority of Johnson County;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 232, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. DEVELOPMENT REGULATIONS IN JOHNSON COUNTY
Sec. 232.151. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) Johnson County is a rapidly growing urban county;
(2) the county is frequented for recreational purposes
by residents from every part of the state;
(3) without adequate development regulations, the
county will be developed in ways that are detrimental to the public
health, safety, peace, morals, and general welfare; and
(4) orderly development within the county is of
concern to the entire state.
(b) The powers granted under this subchapter are for the
purpose of:
(1) promoting the public health, safety, peace,
morals, and general welfare;
(2) encouraging recreation; and
(3) encouraging orderly development in Johnson
County.
Sec. 232.152. AREAS SUBJECT TO REGULATION. (a) This
subchapter applies only to the unincorporated areas of Johnson
County.
(b) A regulation adopted under this subchapter does not
apply to a tract of land that the appraisal district appraises as
agricultural or open-space land under Subchapter C or D, Chapter
23, Tax Code.
Sec. 232.153. DEVELOPMENT REGULATIONS GENERALLY. The
Commissioners Court of Johnson County may regulate:
(1) the percentage of a lot that may be occupied or
developed;
(2) population density;
(3) the size, design, and construction of buildings;
(4) the location, design, construction, extension,
and size of streets and roads;
(5) the location, design, construction, extension,
size, and installation of water and wastewater facilities,
including the requirements for connecting to a centralized water or
wastewater system;
(6) the location, design, construction, extension,
size, and installation of drainage facilities and other required
public facilities;
(7) the location, design, and construction of parks,
playgrounds, and recreational areas; and
(8) the abatement of harm resulting from inadequate
water or wastewater facilities.
Sec. 232.154. COMPLIANCE WITH COUNTY PLAN. Development
regulations must be:
(1) adopted in accordance with a county plan for
growth and development of the county; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 232.155. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into districts of a
number, shape, and size the court considers best for carrying out
this subchapter.
(b) Development regulations may vary from district to
district.
Sec. 232.156. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A development regulation adopted
under this subchapter is not effective until it is adopted by the
commissioners court after a public hearing. Before the 15th day
before the date of the hearing, the commissioners court must
publish notice of the hearing in a newspaper of general circulation
in the county.
(b) The commissioners court may establish or amend a
development regulation only by an order passed by a majority vote of
the full membership of the court.
Sec. 232.157. DEVELOPMENT COMMISSION. (a) The
commissioners court may appoint a development commission to assist
in the implementation and enforcement of development regulations
adopted under this subchapter.
(b) The development commission must consist of an ex officio
presiding officer who must be a public official in Johnson County
and four additional members.
(c) The development commission is advisory only and may
recommend appropriate development regulations for the county.
(d) The members of the development commission are subject to
the same requirements relating to conflicts of interest that are
applicable to the commissioners court under Chapter 171.
Sec. 232.158. FEES. The commissioners court may set
reasonable fees related to the implementation and enforcement of
this subchapter.
Sec. 232.159. SPECIAL EXCEPTION. (a) A person aggrieved by
a development regulation adopted under this subchapter may petition
the commissioners court or the development commission, if the
commissioners court has established a development commission, for a
special exception to a development regulation adopted by the
commissioners court.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 232.160. ENFORCEMENT; PENALTY. (a) The commissioners
court may adopt orders to enforce this subchapter or an order or
development regulation adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or an order or development regulation adopted under this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000. Each
day that a violation occurs constitutes a separate offense. Trial
shall be in the district court.
Sec. 232.161. COOPERATION WITH MUNICIPALITIES. The
commissioners court by order may enter into agreements with any
municipality located in the county to assist in the implementation
and enforcement of development regulations adopted under this
subchapter.
Sec. 232.162. CONFLICT WITH OTHER LAWS. If a development
regulation adopted under this subchapter imposes higher standards
than those required under another statute or local order or
regulation, the regulation adopted under this subchapter controls.
If the other statute or local order or regulation imposes higher
standards, that statute, order, or regulation controls.
SECTION 2. The heading to Chapter 232, Local Government
Code, is amended to read as follows:
CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY
DEVELOPMENT
SECTION 3. This Act takes effect September 1, 2003.