Amend HB 3068 on third reading as follows:
(1) Strike SECTION 1 of the bill.
(2) Strike SECTION 3 of the bill.
(3) Strike SECTIONS 13, 14, and 15 of the bill.
(4) Insert the following appropriately numbered SECTION to
the bill:
SECTION ____. Section 81.033(b), Local Government Code, is
amended to read as follows:
(b) If approved at an election held in the county for that
purpose, the commissioners court has, in addition to the powers
given to it under this code or other law, all the powers of the
governing body of a Type A general-law municipality, including the
powers contained in Subtitle A, Title 7, except that:
(1) the commissioners court may not regulate an
activity outside the county;
(2) the commissioners court may not regulate a tract
of land that is appraised as agricultural or open-space land by the
appraisal district;
(3) the commissioners court may not exercise the
powers of a municipality under Chapter 211 [or 213]; and
(4) if this code or other law provides for a procedure
by which a county exercises a power, the commissioners court must
use that procedure.
(5) Insert the following appropriately numbered SECTION to
the bill:
SECTION ____. Chapter 231, Local Government Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. ZONING AROUND FALCON LAKE
Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds Falcon Lake in Zapata
County is frequented for recreational purposes by residents from
every part of the state;
(2) orderly development and use of the area is of
concern to the entire state; and
(3) buildings in the area that are frequented for
resort or recreational purposes tend to become congested and to be
used in ways that interfere with the proper use of the area as a
place of recreation to the detriment of the public health, safety,
morals, and general welfare.
(b) The powers granted under this subchapter are for the
purpose of promoting the public health, safety, peace, morals, and
general welfare and encouraging the recreational use of county
land.
Sec. 231.252. AREAS SUBJECT TO REGULATION. This
subchapter applies only to the unincorporated area of Zapata County
located within 25,000 feet of:
(1) the project boundary line for Falcon Lake; and
(2) the Rio Grande river.
Sec. 231.253. FALCON LAKE PLANNING COMMISSION. (a) A lake
planning commission is established for the area subject to this
subchapter. The commission is comprised of:
(1) four residents of Zapata County, with one resident
from each of the county commissioner precincts, appointed by that
precinct's commissioner; and
(2) a person, who shall serve as the commission's
presiding officer, appointed by the county judge of Zapata County.
(b) Except as provided by Subsection (c), the members of the
commission shall be appointed for two year terms that expire
February 1 of each odd-numbered year.
(c) The terms of the initial members of the commission
expire on February 1st of the first February in an odd-numbered year
following their appointment.
(d) The commissioners court of Zapata County may employ
staff for the commission to use in performing the commission's
functions.
Sec. 231.254. COMMISSION STUDY & REPORT; HEARING. (a) At
the request of the commissioners court of Zapata County, the
commission shall, or on the lake planning commission's own
initiative, the commission may, conduct studies of the area subject
to this subchapter and prepare reports to advise the commissioner's
court about matters affecting that area, including any need for
zoning regulations in that area.
(b) Before the commission may prepare a report, the
commission must hold a public hearing in which members of the public
may offer testimony regarding any subject to be included in the
commission's report. The commission shall provide notice of the
hearing as required by the commissioner's court.
Sec. 231.255. ZONING REGULATIONS. After receiving a report
from the lake planning commission under Section 231.254, the
commissioner's court of Zapata County may adopt zoning regulations
for the area subject to this subchapter and in accordance with the
report that regulate:
(1) the height, number of stories, and size of
buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; and
(6) the placement of water and sewage facilities,
parks, and other public requirements.
(6) Insert the following appropriately numbered SECTION to
the bill:
SECTION ____. Section 16.344, Water Code, is amended by
adding Subsections (d), (e), (f), (g) and (h) to read as follows:
(d) Notwithstanding Section 16.343(g) or Section 16.350(a),
a political subdivision may temporarily continue to receive funds
under Subchapter K, Chapter 17, if the political subdivision
submits a request for temporary continuation of funding and the
board determines that:
(1) the political subdivision's initial funding
application and any amendments for a designated area were reviewed
and approved by the board before January 1, 2007;
(2) withholding funds would result in an undue
hardship for occupants of the property to be served by unreasonably
delaying the provision of adequate water or waste water services;
(3) withholding funds would result in inefficient use
of local, state, or federal funds under the program;
(4) the political subdivision has committed to take
the necessary and appropriate actions to correct any deficiencies
in adoption or enforcement of the model rules within the time
designated by the board, but not later than the 90th day after the
date the board makes the determinations under this subsection;
(5) the political subdivision has sufficient
safeguards in place to prevent the proliferation of colonias; and
(6) during the 30 days after the date the board
receives a request under this subsection, the board, after
consulting with the attorney general, secretary of state, and
commission, has not received an objection from any of those
entities to the request for temporary continuation of funding.
(e) In applying Subsection (d) to applications for
increased financial assistance, the board shall only consider areas
that were included in the initial application, except that the
board may reconsider the eligibility of areas that were the subject
of a facility plan in the initial application and that may be
determined to be eligible based on criteria in effect September 1,
2005.
(f) The political subdivision shall take necessary and
appropriate actions to correct any deficiencies in its adoption and
enforcement of the model rules within the time period required by
the board, not to exceed the 90-day period described by Subsection
(d)(4), and provide evidence of compliance to the board. The board
shall discontinue funding unless the board makes a determination
based on the evidence provided that the political subdivision has
demonstrated sufficient compliance to continue funding.
(g) Except as provided by Subsections (d) through (f), if
the board determines that a county or city that is required to adopt
and enforce the model rules is not enforcing the model rules, the
board shall discontinue funding for all projects within the county
or city that are funded under Subchapter K, Chapter 17.
(h) The board may not accept or grant applications for
temporary funding under Subsection (d) after June 1, 2009.
(i) Subsections (d), (e), (f), (g), (h) and this subsection
expire September 1, 2009.
(7) Insert the following appropriately numbered SECTION to
the bill:
SECTION ____. Subchapter B, Chapter 412, Local Government
Code, is amended by adding Section 412.017 to read as follows:
Sec. 412.017. WATER SUPPLY AND SEWAGE SYSTEM FOR CERTAIN
BORDER COUNTIES. (a) This section applies only to a county:
(1) that is located adjacent to an international
border; and
(2) in which a military installation is located.
(b) The commissioners court of a county to which this
section applies may acquire, construct, or operate a water supply
system or sewage system to serve:
(1) unincorporated areas of the county; and
(2) areas initially included in a municipality on or
after September 1, 2007, in which the municipality does not provide
water or sewer services.
(c) The county may enter a management or lease agreement
with another public or private entity for the operation of a county
water or sewage system acquired or constructed under this section.
(d) The county may apply for and receive grants or other
assistance from a state or federal governmental entity to implement
this section.
(e) The county may own, operate, or maintain a water or
sewer utility in the same manner as a municipality under Chapter
402.
(f) A county may not construct, operate, or maintain a water
supply system or sewage system in an area previously served by the
county's water supply or sewage system after the area is annexed by
a municipality and the municipality begins providing to the area
water or sewer services previously provided by the county.
(8) Renumber subsequent SECTIONS of the bill
accordingly.