|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to county authority regarding subdivision platting and |
|
land development. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 232, Local Government |
|
Code, is amended to read as follows: |
|
CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY |
|
DEVELOPMENT |
|
SECTION 2. The heading to Subchapter E, Chapter 232, Local |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS [IN CERTAIN
|
|
URBAN COUNTIES] |
|
SECTION 3. Subchapter E, Chapter 232, Local Government |
|
Code, is amended by adding Sections 232.108 and 232.109 to read as |
|
follows: |
|
Sec. 232.108. PLAT REQUIREMENTS. (a) The commissioners |
|
court, in addition to having the authority to adopt rules under |
|
Section 232.101 and other authority granted by this chapter, may |
|
impose the plat requirements prescribed by Section 232.023. If the |
|
commissioners court imposes the plat requirements prescribed by |
|
Section 232.023, any rules adopted under Section 232.101 must be |
|
consistent with those requirements. |
|
(b) If a county imposing the plat requirements prescribed by |
|
Section 232.023 is not described by Section 232.022(a): |
|
(1) the document required by Section 232.023(b)(6) is |
|
not required to be in Spanish; and |
|
(2) the plat requirements related to drainage shall be |
|
those authorized by Section 232.003(8) rather than those authorized |
|
by Section 232.023(b)(8). |
|
Sec. 232.109. FIRE SUPPRESSION SYSTEM. In a subdivision |
|
that is not served by fire hydrants as part of a centralized water |
|
system certified by the Texas Commission on Environmental Quality |
|
as meeting minimum standards for water utility service, the |
|
commissioners court may require a limited fire suppression system |
|
that requires a developer to construct: |
|
(1) for a subdivision of fewer than 50 houses, 2,500 |
|
gallons of storage; or |
|
(2) for a subdivision of 50 or more houses, 2,500 |
|
gallons of storage with a centralized water system or 5,000 gallons |
|
of storage. |
|
SECTION 4. Chapter 232, Local Government Code, is amended |
|
by adding Subchapter F to read as follows: |
|
SUBCHAPTER F. REGULATION OF LAND DEVELOPMENT |
|
Sec. 232.151. DEFINITIONS. In this subchapter: |
|
(1) "Agriculture" means: |
|
(A) cultivating the soil to produce crops for |
|
human food, animal feed, seed for planting, or the production of |
|
fibers; |
|
(B) practicing floriculture, viticulture, |
|
silviculture, or horticulture; |
|
(C) raising, feeding, or keeping animals for |
|
breeding purposes or for the production of food, fiber, leather, |
|
pelts, or other tangible products having commercial value; |
|
(D) planting cover crops, including cover crops |
|
cultivated for transplantation, or leaving land idle for the |
|
purpose of participating in a governmental program or normal crop |
|
or livestock rotation procedure; or |
|
(E) wildlife management. |
|
(2) "Agricultural use" means use or activity involving |
|
agriculture. |
|
Sec. 232.152. SCOPE OF REGULATORY AUTHORITY. (a) The |
|
commissioners court of a county that is granted authority in |
|
accordance with this subchapter may regulate, by order, land |
|
development in the unincorporated area of the county by requiring a |
|
buffer zone between the land used for a purpose specified by this |
|
subsection and residential areas as follows: |
|
(1) at least 1,000 feet for heavy industrial or quarry |
|
use; |
|
(2) at least 750 feet for light industrial use; and |
|
(3) at least 500 feet for commercial or other business |
|
use. |
|
(b) This section does not authorize a county to adopt zoning |
|
regulations. |
|
(c) A county regulation under this subchapter does not apply |
|
to land used for an activity described by Section 81.051, Natural |
|
Resources Code, or to an interstate gas pipeline facility as |
|
defined by 49 U.S.C. Section 60101. |
|
(d) A county regulation under this subchapter does not apply |
|
to: |
|
(1) a platted residential subdivision in existence on |
|
the date the regulation takes effect; |
|
(2) a tract of land devoted to agricultural use; or |
|
(3) an activity or a structure or appurtenance on a |
|
tract of land devoted to agricultural use. |
|
Sec. 232.153. ELECTION TO GRANT REGULATORY AUTHORITY. The |
|
commissioners court of a county may order and hold an election in |
|
the county on the question of granting the commissioners court the |
|
authority to regulate land development in the unincorporated area |
|
of the county. |
|
Sec. 232.154. BALLOT PROPOSITION. For an election under |
|
this subchapter, the ballot shall be prepared to permit voting for |
|
or against the proposition: "Granting (name of county) the |
|
authority to regulate land development in the unincorporated area |
|
of the county." |
|
Sec. 232.155. EFFECT OF ELECTION. If a majority of the |
|
votes received on the question at the election approve the grant of |
|
authority, the commissioners court of the county may adopt a |
|
regulation under this subchapter. |
|
SECTION 5. Section 232.100, Local Government Code, is |
|
repealed. |
|
SECTION 6. 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. |