80R5813 PAM-D
 
  By: Guillen H.B. No. 4068
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of Zapata County to adopt development
  regulations for certain unincorporated areas of the county;
  providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 231, Local Government Code, is amended
  by adding Subchapter L to read as follows:
  SUBCHAPTER L. DEVELOPMENT REGULATIONS IN ZAPATA COUNTY
         Sec. 231.251.  LEGISLATIVE FINDINGS; PURPOSE.  (a) The
  legislature finds that:
               (1)  a substantial majority of Zapata County is located
  within the watershed that drains into the International Falcon
  Reservoir;
               (2)  the area that surrounds the International Falcon
  Reservoir in Zapata County is experiencing growth in population as
  a result of land development and will be frequented for residential
  and recreational purposes by residents from every part of the
  state;
               (3)  orderly development of the area and the watershed
  is of concern to the entire state; and
               (4)  without adequate development regulations, the
  area and the watershed have been and will continue to be developed
  in ways that:
                     (A)  endanger and interfere with the proper use of
  the area and the watershed for residential and recreational
  purposes; and
                     (B)  are detrimental to the public health, safety,
  morals, and general welfare.
         (b)  The powers granted under this subchapter are for the
  purpose of:
               (1)  promoting the public health, safety, peace,
  morals, and general welfare;
               (2)  encouraging recreation; and
               (3)  safeguarding and preventing the pollution of the
  state's rivers and lakes.
         Sec. 231.252.  AREAS SUBJECT TO REGULATION.  This
  subchapter applies only to the unincorporated areas of Zapata
  County.
         Sec. 231.253.  DEVELOPMENT REGULATIONS GENERALLY.  The
  Commissioners Court of Zapata County may regulate:
               (1)  the percentage of a lot that may be occupied or
  developed;
               (2)  population density;
               (3)  the size of buildings;
               (4)  the location, design, construction, extension,
  and size of streets and roads;
               (5)  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)  the location, design, construction, extension,
  size, and installation of drainage facilities and other required
  public facilities;
               (7)  the location, design, and construction of parks,
  playgrounds, and recreational areas; and
               (8)  the abatement of harm resulting from inadequate
  water or wastewater facilities.
         Sec. 231.254.  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. 231.255.  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)  Development regulations may vary from district to
  district.
         Sec. 231.256.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS
  AND DISTRICT BOUNDARIES.  (a) A development 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
  development regulation only by an order passed by a majority vote of
  the full membership of the court.
         Sec. 231.257.  DEVELOPMENT COMMISSION.  (a) The
  commissioners court may appoint a development commission to assist
  in the implementation and enforcement of development regulations
  adopted under this subchapter.
         (b)  The development commission must consist of an ex officio
  chairman who must be a public official in Zapata County and four
  additional members.
         (c)  The development commission is advisory only and may
  recommend appropriate development regulations for the county.
         (d)  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. 231.258.  SPECIAL EXCEPTION.  (a) A person aggrieved by
  a development regulation adopted under this subchapter 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. 231.259.  ENFORCEMENT; PENALTY.  (a)  The commissioners
  court may adopt orders to enforce this subchapter or an order or
  development regulation adopted under this subchapter.
         (b)  A person commits an offense if the person violates this
  subchapter or an order or development 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. Trial
  shall be in the district court.
         Sec. 231.260.  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 development regulations adopted under this
  subchapter.
         Sec. 231.261.  CONFLICT WITH OTHER LAWS.  If a development
  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.  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, 2007.
 
  COMMITTEE AMENDMENT NO. 1
         Amend H.B. No. 4068 by striking all below the enacting clause
  and substituting the following:
         SECTION 1.  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.
         Sec. 231.256.  DISTRICTS.  (a)  The commissioners court may
  divide the area in the county that is subject to this subchapter
  into districts of a number, shape, and size the court considers best
  for carrying out this subchapter. Within each district, the
  commissioners court may regulate the erection, construction,
  reconstruction, alteration, repair, or use of buildings, other
  structures, or land.
         (b)  The zoning regulations must be uniform for each class or
  kind of building in a district, but the regulations may vary from
  district to district. The regulations shall be adopted with
  reasonable consideration, among other things, for the character of
  each district and its peculiar suitability for particular uses,
  with a view of conserving the value of buildings and encouraging the
  most appropriate use of land throughout the area.
         Sec. 231.257.  ENFORCEMENT; PENALTY; REMEDIES.  (a)  The
  commissioners court may adopt orders to enforce this subchapter,
  any order adopted under this subchapter, or a zoning regulation.
         (b)  A person commits an offense if the person violates this
  subchapter, an order adopted under this subchapter, or a zoning
  regulation. An offense under this subsection is a misdemeanor,
  punishable by fine, imprisonment, or both, as provided by the
  commissioners court. The commissioners court may also provide
  civil penalties for a violation.
         (c)  If a building or other structure is erected,
  constructed, reconstructed, altered, repaired, converted, or
  maintained or if a building, other structure, or land is used in
  violation of this subchapter, an order adopted under this
  subchapter, or a zoning regulation, the appropriate county
  authority, in addition to other remedies, may institute appropriate
  action to:
               (1)  prevent the unlawful erection, construction,
  reconstruction, alteration, repair, conversion, maintenance, or
  use;
               (2)  restrain, correct, or abate the violation;
               (3)  prevent the occupancy of the building, structure,
  or land; or
               (4)  prevent any illegal act, conduct, business, or use
  on or about the premises.
         SECTION 2.  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, 2007.
  Guillen