78R8349 MI-D

By:  Wohlgemuth                                                   H.B. No. 2035



A BILL TO BE ENTITLED

AN ACT

relating to the authority of counties to regulate development; 
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.  COUNTY DEVELOPMENT REGULATIONS
	Sec. 232.151.  AREAS SUBJECT TO REGULATION.  (a)  This 
subchapter applies only to the unincorporated areas of a 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. 232.152.  DEVELOPMENT REGULATIONS GENERALLY.  The 
commissioners court of a 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. 232.153.  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. 232.154.  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. 232.155.  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. 232.156.  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 the 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. 232.157.  FEES.  The commissioners court may set 
reasonable fees related to the implementation and enforcement of 
this subchapter.
	Sec. 232.158.  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. 232.159.  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. 232.160.  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. 232.161.  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.