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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of Zapata County to adopt development |
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regulations for certain unincorporated areas of the county; |
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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. DEVELOPMENT REGULATIONS IN ZAPATA COUNTY |
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Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) a substantial majority of Zapata County is located |
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within the watershed that drains into the International Falcon |
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Reservoir; |
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(2) the area that surrounds the International Falcon |
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Reservoir in Zapata County is experiencing growth in population as |
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a result of land development and will be frequented for residential |
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and recreational purposes by residents from every part of the |
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state; |
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(3) orderly development of the area and the watershed |
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is of concern to the entire state; and |
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(4) without adequate development regulations, the |
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area and the watershed have been and will continue to be developed |
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in ways that: |
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(A) endanger and interfere with the proper use of |
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the area and the watershed for residential and recreational |
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purposes; and |
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(B) are detrimental to the public health, safety, |
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morals, and general welfare. |
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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) encouraging recreation; and |
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(3) safeguarding and preventing the pollution of the |
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state's rivers and lakes. |
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Sec. 231.252. AREAS SUBJECT TO REGULATION. This |
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subchapter applies only to the unincorporated areas of Zapata |
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County. |
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Sec. 231.253. DEVELOPMENT REGULATIONS GENERALLY. The |
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Commissioners Court of Zapata 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) population density; |
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(3) the size of buildings; |
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(4) the location, design, construction, extension, |
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and size of streets and roads; |
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(5) 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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(6) 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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(7) the location, design, and construction of parks, |
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playgrounds, and recreational areas; and |
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(8) the abatement of harm resulting from inadequate |
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water or wastewater facilities. |
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Sec. 231.254. 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. 231.255. 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. 231.256. 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. 231.257. DEVELOPMENT COMMISSION. (a) The |
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commissioners court may appoint a development commission to assist |
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in the implementation and enforcement of development regulations |
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adopted under this subchapter. |
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(b) The development commission must consist of an ex officio |
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chairman who must be a public official in Zapata County and four |
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additional members. |
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(c) The development commission is advisory only and may |
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recommend appropriate development regulations for the county. |
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(d) 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. 231.258. 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 or the development commission, if the |
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commissioners court has established a development commission, for a |
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special exception to a development regulation adopted by the |
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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. 231.259. 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. 231.260. 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. 231.261. 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. |