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79R11706 ATP-D


By:  Farabee, Casteel                                             H.B. No. 757

Substitute the following for H.B. No. 757:                                    

By:  Allen of Dallas                                          C.S.H.B. No. 757



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to enact certain land 
development regulations 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.  (a)  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 limited fire protection system that 
requires a developer to construct:
			(A)  for a subdivision of fewer than 50 houses, up 
to 2,500 gallons of storage; or
			(B)  for a subdivision of 50 or more houses, up to 
2,500 gallons of storage with a centralized water system or 5,000 
gallons of storage; or
		(2)  requiring a person who intends to use land for a 
purpose specified by this subdivision to maintain a buffer zone 
between the land used for that purpose and residential areas as 
follows:
			(A)  not to exceed 1,000 feet for heavy industrial 
or quarry use;   
			(B)  not to exceed 750 feet for light industrial 
or agricultural use; and
			(C)  not to exceed 500 feet for commercial or 
other business use.   
	(b)  A regulation under Subsection (a)(2) may not affect 
residential construction or a residential development project.  
Subsection (a)(2) does not authorize a county to adopt zoning 
regulations generally.
	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.  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 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.