78R8061 MI-D
By: Brown of Kaufman H.B. No. 2283
A BILL TO BE ENTITLED
AN ACT
relating to development regulations for certain unincorporated
areas located in the watersheds of Cedar Creek Lake, the Trinity
River, and the East Fork of the Trinity River; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. DEVELOPMENT REGULATIONS IN KAUFMAN COUNTY
Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) almost all of Kaufman County is located within the
watersheds that drain into Cedar Creek Lake, the Trinity River, and
the East Fork of the Trinity River;
(2) the area that surrounds Cedar Creek Lake, the
Trinity River, and the East Fork of the Trinity River in Kaufman
County is or will be frequented for recreational purposes by
residents from every part of the state;
(3) orderly development of the area and the watersheds
is of concern to the entire state; and
(4) without adequate development regulations, the
area and the watersheds will be developed in ways that endanger and
interfere with the proper use of that area as a place of recreation
to the detriment of the public health, safety, peace, morals, and
general welfare.
(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) safeguarding and preventing the pollution of the
state's rivers and lakes.
Sec. 231.252. AREAS SUBJECT TO REGULATION. (a) This
subchapter applies only to the unincorporated areas of Kaufman
County that are within three miles of:
(1) Cedar Creek Lake; or
(2) the corporate boundaries of a municipality.
(b) A county may not exercise its authority under this
subchapter in the area described by Subsection (a)(2) unless:
(1) the municipality requests, by petition, that the
commissioners court of the county exercise the authority; and
(2) the county and municipality make an interlocal
agreement under which those entities agree to the county's exercise
of authority.
Sec. 231.253. DEVELOPMENT REGULATIONS GENERALLY. The
Commissioners Court of Kaufman County may regulate:
(1) the percentage of a lot that may be occupied or
developed;
(2) population density;
(3) the size 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. 231.254. 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. 231.255. 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. 231.256. 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. 231.257. 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 consists of:
(1) three residents of the affected precincts who own
land in the county, appointed by the county judge of the county;
(2) one resident of each commissioners precinct,
appointed by the commissioners court; and
(3) two persons each of whom resides in a different
municipality within the county, appointed by the commissioners
court.
(c) Except for initial members, a member of the development
commission is appointed for a two-year term expiring February 1 of
each odd-numbered year. Initial members serve terms expiring
February 1 of the first odd-numbered year following the date of
their appointment.
(d) The development commission annually shall elect a chair
and a vice-chair from among its members.
(e) The commissioners court:
(1) shall employ staff for the use of the commission in
performing the commission's functions;
(2) may assign the development commission other duties
that the court considers appropriate and that are not inconsistent
with this section; and
(3) shall adopt rules governing the operations of the
development commission.
(f) The development commission is advisory only and may
recommend appropriate development regulations for the county.
(g) 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. 231.258. 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. 231.259. 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. 231.260. 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. 231.261. 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.