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A BILL TO BE ENTITLED
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AN ACT
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relating to the zoning authority of counties around certain bodies |
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of water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter G, Chapter 231, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE |
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RALPH HALL, [AND] POST LAKE, AND LOWER BOIS D'ARC CREEK RESERVOIR |
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SECTION 2. Section 231.131(a), Local Government Code, is |
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amended to read as follows: |
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(a) The legislature finds that: |
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(1) the areas that surround Lake Alan Henry, Lake |
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Cooper, Lake Ralph Hall, [and] Post Lake, and Lower Bois D'Arc Creek |
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Reservoir are or will be frequented for recreational purposes by |
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residents from every part of the state; |
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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) buildings in the area that will be frequented for |
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resort or recreational purposes will tend to become congested and |
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to be used in ways that interfere with the proper use of the area as |
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a place of recreation to the detriment of the public health, safety, |
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morals, and general welfare. |
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SECTION 3. Sections 231.132(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) This subchapter applies to: |
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(1) those parts of Garza County located within three |
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miles of the high water marks established for Lake Alan Henry and |
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Post Lake except land located in Garza County and owned by the White |
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River Municipal Water District; |
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(2) those parts of Kent County located within three |
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miles of the high water marks established for Lake Alan Henry; |
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(3) the area within 10,000 feet of where the shoreline |
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of Lake Cooper would be if the lake were filled to its storage |
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capacity; [and] |
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(4) the area within 5,000 feet of where the shoreline |
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of Lake Ralph Hall would be if the lake were filled to its storage |
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capacity; and |
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(5) the area within 5,000 feet of where the shoreline |
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of the Lower Bois D'Arc Creek Reservoir would be if the reservoir |
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were filled to its storage capacity. |
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(b) The areas described by Subsection (a) are subject to |
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regulation under this subchapter regardless of whether the |
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construction of an affected lake or reservoir is complete. |
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SECTION 4. Section 231.132(c), Local Government Code, is |
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repealed. |
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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, 2009. |