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.