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A BILL TO BE ENTITLED
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AN ACT
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relating to land development in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following is added to Chapter 232 of the |
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Local Government Code as Subchapter F and entitled PROVISIONS FOR |
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THE PRESERVATION OF THE TEXAS HILL COUNTRY: |
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Section 232.200 Applicability |
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This subchapter applies to each of the following counties |
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where, at an election ordered and held by a county commissioners |
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court for that purpose, a majority of the qualified voters of that |
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county vote to approve the application of this Subchapter to their |
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county: Bandera, Bexar, Blanco, Comal, Hays, Kendall, Kerr, Medina, |
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Travis, and Williamson. |
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Section 232.201 Land Development Regulatory Authority |
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The commissioners court may regulate, by order, land |
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development in the unincorporated area of the county by: |
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(1) requiring a subdivision to use a central water or |
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wastewater system under standards adopted by the county; |
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(2) requiring that a subdivision have a minimum fire |
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suppression system, including the use of fire hydrants, storage |
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tanks, or ponds; |
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(3) requiring improvements to roadways serving a |
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subdivision; |
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(4) requiring a minimum amount of open space or |
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imposing a limit on the amount of impervious cover for recharge and |
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runoff purposes; |
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(5) adopting any other regulation necessary to |
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regulate or manage land development. |
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Section 232.202 Impact fees. |
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A county may enact and impose impact fees on land within their |
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boundaries in compliance with Chapter 395. |
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Section 232.203 Historic Districts & Roadways |
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(a) A county commissioners court, after public hearings and |
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consultation with a historical commission established pursuant to |
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Subchapter A of Chapter 318, may define and establish districts |
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encompassing neighborhoods, natural features, geographic areas and |
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roadways that have great historic cultural, scenic or natural |
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resource value to the community. |
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(b) A county commissioners court possesses all the |
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authority to regulate within these districts granted to the |
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commissioners court of El Paso to regulate the El Paso Mission Trail |
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Historical Area by Subchapter I of Chapter 231. |
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Section 232.204 Interpretation |
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This Subchapter is cumulative of any other powers and |
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authorities exercised by counties and is not intended to limit any |
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other powers exercised by counties under any other law. |
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Section 232.205 Uniformity of Application |
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No private individual, corporation or other artificial entity shall |
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have special rights or immunities against this Subchapter. This |
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Subchapter is not subject to the provisions of Chapter 245 of the |
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Local Government Code. |
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SECTION 2. Section 395.001(7), Local Government Code, is |
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amended to read as follows: |
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(7) "Political subdivision" means: |
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(A) a municipality; |
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(B) [,] a district or authority created under |
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Article III, Section 52, or Article XVI, Section 59, of the Texas |
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Constitution; |
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(C) [, or,] for the purposes set forth by Section |
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395.079, certain counties described by that section; or |
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(D) a county authorized to regulate land |
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development under Subchapter F, Chapter 232. |
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SECTION 3. Section 395.011(b), Local Government Code, is |
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amended to read as follows: |
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(b) Political subdivisions may enact or impose impact fees |
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on land within their [corporate] boundaries or extraterritorial |
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jurisdictions only by complying with this chapter, except that |
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impact fees may not be enacted or imposed in the extraterritorial |
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jurisdiction for roadway facilities. |
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SECTION 4. Sections 395.016(c) and (d), Local Government |
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Code, are amended to read as follows: |
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(c) This subsection applies only to impact fees adopted |
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after June 20, 1987. For new development which is platted in |
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accordance with Subchapter A, Chapter 212, or Subchapter A or B, |
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Chapter 232, or the subdivision or platting procedures of any other |
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[a] political subdivision before the adoption of an impact fee, an |
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impact fee may not be collected on any service unit for which a |
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valid building permit is issued within one year after the date of |
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adoption of the impact fee. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |