79R965 ATP-D

By:  Casteel                                                      H.B. No. 477



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.  ELECTION TO GRANT REGULATORY AUTHORITY.  The 
commissioners court of a county may order and hold an election in 
the county on the question of granting the commissioners court the 
authority to regulate land development in the unincorporated area 
of the county.
	Sec. 232.153.  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. 232.154.  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.   Section 395.001(7), 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.   Section 395.011(b), 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.   Sections 395.016(c) and (d), 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, 2005.