78R7700 MXM-F

By:  Paxton                                                       H.B. No. 2565



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain special districts by certain 
populous counties.
	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.  REGULATION OF CERTAIN SPECIAL DISTRICTS
	Sec. 232.151.  SPECIAL DISTRICTS COVERED.  (a)  Except as 
provided by Subsection (b), this subchapter applies only to the 
following special districts:
		(1)  municipal utility districts, special utility 
districts, road utility districts, and any other type of utility 
district;
		(2)  fresh water supply districts;                                     
		(3)  drainage districts; and                                           
		(4)  road and bridge districts.                                        
	(b)  This subchapter does not apply to the North Texas 
Municipal Water District.
	Sec. 232.152.  COUNTIES COVERED.  This subchapter applies 
only to a county:
		(1)  that has a population of 450,000 or more;                         
		(2)  that is adjacent to a county with a population of 
one million or more; and
		(3)  in which each municipality located predominantly 
in the county has a population of less than 500,000.
	Sec. 232.153.  INFORMATION REQUIRED.  (a)  The commissioners 
court of the county may, in the territory of the county located in a 
special district and outside municipalities, require the following 
information in regard to the construction of buildings to be 
provided to the court in the form of an application:
		(1)  the height, number of stories, and size of 
buildings and other structures;
		(2)  the percentage of a lot that may be occupied;                     
		(3)  the size of yards, courts, and other open spaces;                 
		(4)  population density;                                               
		(5)  the location and use of buildings, other 
structures, and land for business, industrial, residential, or 
other purposes;
		(6)  the placement of water and sewage facilities, 
parks, and other public requirements; and
		(7)  any other relevant information.                                   
	(b)  The commissioners court may require a special district 
to provide the financial and factual information to be submitted to 
the Texas Commission on Environmental Quality for an application  
to:
		(1)  create a special district; or                                     
		(2)  sell bonds for a special district.                                
	Sec. 232.154.  REVIEW OF INFORMATION.  The commissioners 
court of the county may determine whether the application submitted 
under Section 232.153 is in accordance with the county 
comprehensive plan and whether the application is designed to:
		(1)  decrease congestion on the streets and roads;                     
		(2)  secure safety from fire, panic, and other dangers;                
		(3)  promote health and the general welfare;                           
		(4)  provide adequate light and air;                                   
		(5)  prevent the overcrowding of land;                                 
		(6)  avoid undue concentration of population; and                      
		(7)  facilitate the adequate provision of 
transportation, water, sewers, parks, and other public 
requirements.
	Sec. 232.155.  APPROVAL.  The commissioners court of the 
county may approve or disapprove the application.  If the 
application is not approved, the special district may not proceed 
with:
		(1)  the creation of the special district; or                          
		(2)  any activity or requirement described by the 
disapproved application.
	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.