78R14156 AKH-D


By:  Wentworth                                                    S.B. No. 1631

Substitute the following for S.B. No. 1631:                                   

By:  Mowery                                                   C.S.S.B. No. 1631



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to regulate planning 
and infrastructure after a local option election.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 232.100, Local Government Code, is 
amended to read as follows:
	Sec. 232.100.  APPLICABILITY.  (a) This subchapter applies 
only to the subdivision of land that is:
		(1)  subject to county regulations under Subchapter A 
or B;  and            
		(2)  in a county that:                                                        
			(A)  has a population of 150,000 or more and is 
adjacent to an international border;
			(B)  has a population of 700,000 or more; or                                 
			(C)  is adjacent to a county with a population of 
700,000 or more and:
				(i)  is within the same metropolitan 
statistical area as that adjacent county, as designated by the 
United States Office of Management and Budget; or
				(ii)  is not within the same metropolitan 
statistical area as that adjacent county and that when comparing 
any two consecutive decennial censuses occurring in or after 1990 
had a population increase of more than 40 percent.
	(b)  A county described by Subsection (a)(2)(C)(ii) may 
adopt rules under this subchapter only after authority has been 
granted in accordance with Section 232.1005.
	SECTION 2.  Subchapter E, Chapter 232, Local Government 
Code, is amended by adding Section 232.1005 to read as follows:
	Sec. 232.1005.  ELECTION TO GRANT REGULATORY AUTHORITY IN 
CERTAIN COUNTIES.  (a)  The commissioners court of a county 
described by Section 232.100(a)(2)(C)(ii) may order and hold an 
election on a uniform election date in the county on the question of 
granting the commissioners court the authority to adopt regulations 
under this subchapter.
	(b)  For an election under this section, the ballot shall be 
prepared to permit voting for or against the proposition: "Granting 
(name of county) the authority to regulate infrastructure and 
planning in accordance with Subchapter E, Chapter 232, Local 
Government Code, in the unincorporated area of the county."
	(c)  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 3.  This Act takes effect September 1, 2003.