79R6791 ATP-D
By: Deuell S.B. No. 1296
A BILL TO BE ENTITLED
AN ACT
relating to the regulatory authority of certain counties in certain
unincorporated areas of the counties; providing a penalty.
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. LAND USE REGULATIONS IN CERTAIN COUNTIES
Sec. 232.151. DEFINITIONS. In this subchapter:
(1) "Major metropolitan county" means a county in
which three or more municipalities, each with a population of more
than 175,000, are predominantly located.
(2) "Nonurban county" means a county that has a
population of less than 100,000 and that had a percentage change in
its population growth, according to the two most recent federal
decennial censuses, of less than 50 percent.
Sec. 232.152. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a nonurban county located adjacent to a major
metropolitan county.
Sec. 232.153. AREAS SUBJECT TO REGULATION. (a) This
subchapter applies only to the unincorporated area of a county that
is within three miles of:
(1) a lake; or
(2) the corporate boundaries of a municipality.
(b) A county may not exercise its authority under this
subchapter in the area described by Subsection (a)(2) unless:
(1) the municipality requests, by petition, that the
commissioners court of the county exercise the authority; and
(2) the county and municipality make an interlocal
agreement under which those entities agree to the county's exercise
of authority.
Sec. 232.154. DEVELOPMENT REGULATIONS. The commissioners
court of a county may by order:
(1) regulate the percentage of a lot that may be
occupied or developed, including requiring a minimum amount of open
space or imposing a limit on the amount of impervious cover for
recharge or runoff purposes;
(2) regulate population density;
(3) regulate the size of buildings;
(4) regulate the location, design, construction,
extension, and size of streets and roads, including requiring
improvements to roadways serving a subdivision;
(5) regulate the location, design, construction,
extension, size, and installation of water and wastewater
facilities, including the requirements for connecting to a
centralized water or wastewater system;
(6) regulate the location, design, construction,
extension, size, and installation of drainage facilities and other
required public facilities;
(7) regulate the location, design, and construction of
parks, playgrounds, and recreational areas;
(8) regulate the abatement of harm resulting from
inadequate water or wastewater facilities;
(9) require that a subdivision have a minimum fire
suppression system, including the use of fire hydrants, storage
tanks, or ponds;
(10) impose impact fees under Chapter 395; or
(11) adopt any other regulation necessary to regulate
or manage land development.
Sec. 232.155. AUTHORITY TO REGULATE NOISE. (a) The
commissioners court of the county by order may regulate as
permitted by this subchapter sound levels to promote the public
health, safety, or welfare.
(b) The regulations may prohibit any act that produces a
sound that a reasonable person would find objectionable. In
determining whether a sound is objectionable to a reasonable
person, the following factors may be considered:
(1) the time of day the sound is produced;
(2) the proximity of the production of the sound to
residential property;
(3) whether the sound is recurrent, intermittent, or
constant;
(4) the volume and intensity of the sound;
(5) whether the sound has been enhanced in volume or
range by electronic or mechanical means; and
(6) whether the sound may be controlled without
unreasonable effort or expense to the producer of the sound.
(c) The commissioners court of the county by order may
establish an exemption to a regulation adopted under this section
if the court determines that the public interest justifies the
exemption.
Sec. 232.156. COMPLIANCE WITH COUNTY PLAN. Development
regulations must be:
(1) adopted in accordance with a county plan for
growth and development of the county; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 232.157. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into districts of a
number, shape, and size the court considers best for carrying out
this subchapter.
(b) Regulations adopted under this subchapter may vary from
district to district.
Sec. 232.158. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A regulation adopted under this
subchapter is not effective until it is adopted by the
commissioners court after a public hearing. Before the 15th day
before the date of the hearing, the commissioners court must
publish notice of the hearing in a newspaper of general circulation
in the county.
(b) The commissioners court may establish or amend a
regulation only by an order passed by a majority vote of the full
membership of the court.
Sec. 232.159. DEVELOPMENT COMMISSION. (a) The
commissioners court may appoint a development commission to assist
in the implementation and enforcement of development regulations
adopted under Section 232.154.
(b) The development commission consists of:
(1) three residents of the affected precincts who own
land in the county, appointed by the county judge of the county;
(2) one resident of each commissioners precinct,
appointed by the commissioners court; and
(3) two persons each of whom resides in a different
municipality within the county, appointed by the commissioners
court.
(c) Except for initial members, a member of the development
commission is appointed for a two-year term expiring February 1 of
each odd-numbered year. Initial members serve terms expiring
February 1 of the first odd-numbered year following the date of
their appointment.
(d) The development commission annually shall elect a chair
and a vice chair from among its members.
(e) The commissioners court:
(1) shall employ staff for the use of the commission in
performing the commission's functions;
(2) may assign the development commission other duties
that the court considers appropriate and that are not inconsistent
with this section; and
(3) shall adopt rules governing the operations of the
development commission.
(f) The development commission is advisory only and may
recommend appropriate development regulations for the county.
(g) The members of the development commission are subject to
the same requirements relating to conflicts of interest that are
applicable to the commissioners court under Chapter 171.
Sec. 232.160. SPECIAL EXCEPTION. (a) A person aggrieved by
a development regulation adopted under Section 232.154 may petition
the commissioners court or the development commission, if the
commissioners court has established a development commission, for a
special exception to a development regulation adopted by the
commissioners court.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 232.161. ENFORCEMENT; PENALTY. (a) The commissioners
court may adopt orders to enforce this subchapter or an order or
regulation adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or an order or regulation adopted under this subchapter.
An offense under this subsection is a misdemeanor punishable by a
fine of not less than $500 or more than $1,000. Each day that a
violation occurs constitutes a separate offense, except that each
hour that a violation of a regulation adopted under Section 232.155
occurs constitutes a separate offense. Trial shall be in the
district court.
Sec. 232.162. COOPERATION WITH MUNICIPALITIES. The
commissioners court by order may enter into agreements with any
municipality located in the county to assist in the implementation
and enforcement of regulations adopted under this subchapter.
Sec. 232.163. CONFLICT WITH OTHER LAWS. If a regulation
adopted under this subchapter imposes higher standards than those
required under another statute or local order or regulation, the
regulation adopted under this subchapter controls. If the other
statute or local order or regulation imposes higher standards, that
statute, order, or regulation controls.
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, 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, 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,
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 to 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.