By: Wentworth S.B. No. 1631
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate land development
after a local option election.
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 LAND DEVELOPMENT
Sec. 232.151. SCOPE OF REGULATORY AUTHORITY. The
commissioners court of a county that is granted authority in
accordance with this subchapter may regulate, by order, land
development in the unincorporated area of the county by:
(1) requiring a subdivision to use a central water or
wastewater system under standards adopted by the county;
(2) requiring that a subdivision have a minimum fire
suppression system, including the use of fire hydrants, storage
tanks, or ponds;
(3) requiring improvements to roadways serving a
subdivision;
(4) requiring a minimum amount of open space or
imposing a limit on the amount of impervious cover for recharge and
runoff purposes;
(5) imposing impact fees under Chapter 395; or
(6) adopting any other regulation necessary to
regulate or manage land development.
Sec. 232.152. COMPLIANCE WITH CERTAIN LAWS. A county
adopting a regulation under this subchapter relating to the
location, design, construction, installation, size, or extension
of an on-site sewage disposal system:
(1) must be an authorized agent as defined by Section
366.002, Health and Safety Code; and
(2) must adopt regulations in accordance with Chapter
366, Health and Safety Code.
Sec. 232.153. ELECTION TO GRANT REGULATORY AUTHORITY. The
commissioners court of a county may order and hold an election in
the unincorporated area of the county on the question of granting
the commissioners court the authority to regulate land development
in the unincorporated area of the county. Only voters who reside in
the unincorporated area of the county are eligible to vote in an
election held under this subchapter.
Sec. 232.154. BALLOT PROPOSITION. For an election under
this subchapter, the ballot shall be prepared to permit voting for
or against the proposition: "Granting (name of county) the
authority to regulate land development in the unincorporated area
of the county."
Sec. 232.155. EFFECT OF ELECTION. If a majority of the
votes received on the question at the election approve the grant of
authority, the commissioners court of the county may adopt a
regulation under this subchapter.
SECTION 2. Subdivision (7), Section 395.001, Local
Government Code, is amended to read as follows:
(7) "Political subdivision" means:
(A) a municipality;
(B) [,] a district or authority created under
Article III, Section 52, or Article XVI, Section 59, of the Texas
Constitution;
(C) [, or,] for the purposes set forth by Section
395.079, certain counties described by that section; or
(D) a county authorized to regulate land
development under Subchapter F, Chapter 232.
SECTION 3. Subsection (b), Section 395.011, Local
Government Code, is amended to read as follows:
(b) Political subdivisions may enact or impose impact fees
on land within their [corporate] boundaries or extraterritorial
jurisdictions only by complying with this chapter, except that
impact fees may not be enacted or imposed in the extraterritorial
jurisdiction for roadway facilities.
SECTION 4. Subsections (c) and (d), Section 395.016, Local
Government Code, are amended to read as follows:
(c) This subsection applies only to impact fees adopted
after June 20, 1987. For new development which is platted in
accordance with Subchapter A, Chapter 212, or Subchapter A or B,
Chapter 232, or the subdivision or platting procedures of any other
[a] political subdivision before the adoption of an impact fee, an
impact fee may not be collected on any service unit for which a
valid building permit is issued within one year after the date of
adoption of the impact fee.
(d) This subsection applies only to land platted in
accordance with Subchapter A, Chapter 212, or Subchapter A or B,
Chapter 232, or the subdivision or platting procedures of any other
[a] political subdivision after adoption of an impact fee adopted
after June 20, 1987. The political subdivision shall assess the
impact fees before or at the time of recordation of a subdivision
plat or other plat under Subchapter A, Chapter 212, or Subchapter A
or B, Chapter 232, or the subdivision or platting ordinance or
procedures of any other political subdivision in the official
records of the county clerk of the county in which the tract is
located. Except as provided by Section 395.019, if the political
subdivision has water and wastewater capacity available:
(1) the political subdivision shall collect the fees
at the time the political subdivision issues a building permit;
(2) for land platted outside the corporate boundaries
of a municipality, the municipality shall collect the fees at the
time an application for an individual meter connection to the
municipality's water or wastewater system is filed; or
(3) a political subdivision that lacks authority to
issue building permits in the area where the impact fee applies
shall collect the fees at the time an application is filed for an
individual meter connection to the political subdivision's water or
wastewater system.
SECTION 5. The heading for Chapter 232, Local Government
Code, is amended to read as follows:
CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY
DEVELOPMENT
SECTION 6. 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.