By:  Wentworth                                                    S.B. No. 142
	(In the Senate - Filed December 28, 2004; February 1, 2005, 
read first time and referred to Committee on Intergovernmental 
Relations; April 18, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
April 18, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 142                                    By:  Wentworth


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.  DEFINITIONS.  In this subchapter:                        
		(1)  "Agriculture" means:                                              
			(A)  cultivating the soil to produce crops for 
human food, animal feed, seed for planting, or the production of 
fibers;
			(B)  practicing floriculture, viticulture, 
silviculture, or horticulture;
			(C)  raising, feeding, or keeping animals for 
breeding purposes or for the production of food, fiber, leather, 
pelts, or other tangible products having commercial value;
			(D)  planting cover crops, including cover crops 
cultivated for transplantation, or leaving land idle for the 
purpose of participating in a governmental program or normal crop 
or livestock rotation procedure; or
			(E)  wildlife management.                                             
		(2)  "Agricultural use" means use or activity involving 
agriculture. 
	Sec. 232.152.  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 subdivision to use a central water or 
wastewater system under standards adopted by the county;
		(2)  requiring a limited fire suppression system that 
requires a developer to construct:
			(A)  for a subdivision of fewer than 50 houses, 
2,500 gallons of storage; or
			(B)  for a subdivision of 50 or more houses, 2,500 
gallons of storage with a centralized water system or 5,000 gallons 
of storage;
		(3)  requiring a buffer zone between the land used for a 
purpose specified by this subdivision and residential areas as 
follows:
			(A)  at least 1,000 feet for heavy industrial or 
quarry use;        
			(B)  at least 750 feet for light industrial use; 
and                
			(C)  at least 500 feet for commercial, 
agricultural, or other business use; or
		(4)  requiring a developer, before the county approves 
a plat filed by the developer, to:
			(A)  contract with a civil engineer to determine 
the water, wastewater, roadway, and other infrastructure needs of 
the subdivision or other development and the costs of providing the 
necessary infrastructure; and
			(B)  provide the necessary infrastructure or pay 
to the county an amount equal to the cost of providing the necessary 
infrastructure, as determined by the civil engineer under Paragraph 
(A).
	(b)  Subsection (a)(3) does not authorize a county to adopt 
zoning regulations generally.  A county that requires a buffer zone 
under Subsection (a)(3) shall require each affected property owner 
to maintain on the owner's property a buffer zone of at least 50 
percent of the total required buffer zone.
	(c)  A county regulation under this subchapter does not apply 
to land used for an activity for which the state or an agency of the 
state issues a permit.
	(d)  A county regulation under this subchapter, other than a 
regulation requiring a buffer zone under Subsection (a)(3), does 
not apply to:
		(1)  a tract of land used for a single-family residence 
that is located outside the boundaries of a platted subdivision;
		(2)  a tract of land devoted to agricultural use; or                   
		(3)  an activity or a structure or appurtenance on a 
tract of land devoted to agricultural use.
	Sec. 232.153.  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. 232.154.  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.  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.



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