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A BILL TO BE ENTITLED
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AN ACT
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relating to granting certain counties general zoning authority |
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around certain military facilities; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter L to read as follows: |
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SUBCHAPTER L. ZONING AROUND LAUGHLIN AIR FORCE BASE |
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Sec. 231.241. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the area that surrounds Laughlin Air Force Base |
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will be frequented for military and national security purposes by |
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residents from many parts of the state and nation; |
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(2) orderly development and use of the area is of |
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concern to the entire state; and |
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(3) without adequate development regulations, the |
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area will tend to become congested and to be used in ways that |
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interfere with the proper use of the area as a secure location for |
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the continuation of a military establishment. |
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(b) The powers granted under this subchapter are for the |
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purpose of: |
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(1) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(2) protecting and preserving places and areas of |
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military and national security importance and significance; and |
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(3) encouraging state and national security. |
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Sec. 231.242. AREAS SUBJECT TO REGULATION. This subchapter |
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applies only to the unincorporated area of Val Verde County that |
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extends not more than 10 miles from the boundary line of Laughlin |
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Air Force Base. |
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Sec. 231.243. DEVELOPMENT REGULATIONS GENERALLY. (a) The |
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Commissioners Court of Val Verde County may regulate: |
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(1) the percentage of a lot that may be occupied or |
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developed; |
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(2) the size of buildings; |
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(3) the location, design, construction, extension, |
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and size of streets and roads; |
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(4) the location, design, construction, extension, |
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size, and installation of water and wastewater facilities, |
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including the requirements for connecting to a centralized water or |
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wastewater system; |
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(5) the location, design, construction, extension, |
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size, and installation of drainage facilities and other required |
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public facilities; |
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(6) the location, design, and construction of parks, |
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playgrounds, and recreational areas; and |
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(7) the abatement of harm resulting from inadequate |
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water or wastewater facilities. |
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(b) The Commissioners Court of Val Verde County may prohibit |
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or restrict development in an area of the unincorporated county |
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based on recommendations of the Air Installation Compatible Use |
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Zone Study of April 2000 and as that study is periodically updated |
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if the commissioners court makes findings that the conclusions of |
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the study on which the commissioners court is basing its findings |
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accurately reflects development circumstances in the subject area. |
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Sec. 231.244. COMPLIANCE WITH COUNTY PLAN. Development |
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regulations must be: |
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(1) adopted in accordance with a county plan for |
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growth and development of the county; and |
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(2) coordinated with the comprehensive plans of |
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municipalities located in the county. |
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Sec. 231.245. DISTRICTS. (a) The commissioners court may |
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divide the unincorporated area of the county into districts of a |
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number, shape, and size the court considers best for carrying out |
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this subchapter. |
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(b) Development regulations may vary from district to |
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district. |
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Sec. 231.246. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) A development regulation adopted |
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under this subchapter is not effective until it is adopted by the |
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commissioners court after a public hearing. Before the 15th day |
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before the date of the hearing, the commissioners court must |
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publish notice of the hearing in a newspaper of general circulation |
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in the county. |
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(b) The commissioners court may establish or amend a |
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development regulation only by an order passed by a majority vote of |
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the full membership of the court. |
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Sec. 231.247. DEVELOPMENT COMMISSION. (a) The |
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commissioners court shall appoint a development commission to |
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assist in the implementation and enforcement of development |
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regulations adopted under this subchapter. |
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(b) The development commission must consist of an ex officio |
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chairperson who must be a public official in Val Verde County and |
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six additional members. Of the six additional members appointed |
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under this subsection, the commissioners court shall appoint: |
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(1) one member from a list of persons recommended by |
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the members of the Texas Senate who represent Val Verde County; and |
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(2) one member from a list of persons recommended by |
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the members of the Texas House of Representatives who represent Val |
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Verde County. |
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(c) The chairperson appointed under this section serves a |
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two-year term of office. The additional members serve four-year |
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terms. In making the initial appointments of the additional |
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members, the commissioners court shall designate the members for |
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staggered terms so that one initial member serves a term of one |
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year, one initial member serves a term of two years, two initial |
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members serve terms of three years, and two initial members serve |
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terms of four years. In the event of resignation, end of term, or a |
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vacancy, the commissioners court shall appoint a new member. The |
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court shall fill a vacancy in the office of chairperson by |
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appointment. |
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(d) The development commission is advisory only and may |
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recommend appropriate development regulations for the county. |
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(e) The members of the development commission are subject to |
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the same requirements relating to conflicts of interest that are |
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applicable to the commissioners court under Chapter 171. |
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Sec. 231.248. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a development regulation adopted under this subchapter may petition |
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the commissioners court for a special exception to a development |
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regulation adopted by the commissioners court. |
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(b) The commissioners court shall adopt procedures |
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governing applications, notice, hearings, and other matters |
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relating to the grant of a special exception. |
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Sec. 231.249. ENFORCEMENT; PENALTY. (a) The commissioners |
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court may adopt orders to enforce this subchapter or an order or |
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development regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates this |
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subchapter or an order or development regulation adopted under this |
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subchapter. An offense under this subsection is a misdemeanor |
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punishable by a fine of not less than $500 or more than $1,000. Each |
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day that a violation occurs constitutes a separate offense. Trial |
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shall be in the district court. |
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Sec. 231.250. COOPERATION WITH MUNICIPALITIES. The |
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commissioners court by order may enter into agreements with any |
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municipality located in the county to assist in the implementation |
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and enforcement of development regulations adopted under this |
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subchapter. |
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Sec. 231.251. CONFLICT WITH OTHER LAWS. If a development |
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regulation adopted under this subchapter imposes higher standards |
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than those required under another statute or local order or |
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regulation, the regulation adopted under this subchapter controls. |
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If the other statute or local order or regulation imposes higher |
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standards, that statute, order, or regulation controls. |
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SECTION 2. 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. |