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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to regulate land development |
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after a local option election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 232, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF LAND DEVELOPMENT |
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Sec. 232.151. DEFINITIONS. In this subchapter: |
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(1) "Agricultural use" means use or activity involving |
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agriculture. |
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(2) "Agriculture" means: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, seed for planting, or the production of |
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fibers; |
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(B) practicing floriculture, viticulture, |
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silviculture, or horticulture; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food, fiber, leather, |
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pelts, or other tangible products having commercial value; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in a governmental program or normal crop |
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or livestock rotation procedure; or |
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(E) wildlife management. |
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Sec. 232.152. SCOPE OF REGULATORY AUTHORITY. (a) The |
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commissioners court of a county that is granted authority in |
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accordance with this subchapter may regulate, by order, land |
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development in the unincorporated area of the county by: |
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(1) requiring a limited fire suppression system that |
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requires a developer to construct: |
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(A) for a subdivision of fewer than 50 houses, |
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2,500 gallons of storage; or |
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(B) for a subdivision of 50 or more houses, 2,500 |
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gallons of storage with a centralized water system or 5,000 gallons |
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of storage; |
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(2) requiring a buffer zone between the land used for a |
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purpose specified by this subdivision and residential areas as |
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follows: |
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(A) at least 1,000 feet for heavy industrial or |
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quarry use; |
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(B) at least 750 feet for light industrial use; |
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and |
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(C) at least 500 feet for commercial or other |
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business use; or |
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(3) requiring a developer, before the county approves |
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a plat filed by the developer, to: |
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(A) contract with an engineer licensed under |
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Chapter 1001, Occupations Code, and specializing in civil |
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engineering to determine the off-site roadway needs of the |
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subdivision or other development and the costs of providing the |
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necessary off-site roadway improvements attributable to the |
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subdivision or other development; and |
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(B) provide for the necessary off-site roadway |
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improvements attributable to the subdivision or other development, |
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as determined by the engineer under Paragraph (A). |
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(b) Any contribution from a developer required to be |
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provided for necessary off-site roadway improvements must be |
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limited to the developer's portion of the costs required for the |
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off-site roadway improvements that are roughly proportionate to the |
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attributable increased off-site roadway needs of the county as a |
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result of the proposed development, as determined by the engineer |
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under Subsection (a)(3)(A). |
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(c) Subsection (a)(2) does not authorize a county to adopt |
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zoning regulations. |
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(d) A county regulation under this subchapter does not apply |
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to land used for an activity described by Section 81.051, Natural |
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Resources Code, or to an interstate gas pipeline facility as |
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defined by 49 U.S.C. Section 60101. |
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(e) A county regulation under this subchapter, other than a |
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regulation requiring a buffer zone under Subsection (a)(2), does |
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not apply to a tract of land used for a single-family residence that |
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is located outside the boundaries of a platted subdivision. |
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(f) A county regulation under this subchapter does not apply |
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to: |
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(1) a platted residential subdivision in existence on |
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the date the regulation takes effect; |
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(2) a tract of land devoted to agricultural use; or |
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(3) an activity or a structure or appurtenance on a |
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tract of land devoted to agricultural use. |
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Sec. 232.153. ELECTION TO GRANT REGULATORY AUTHORITY. The |
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commissioners court of a county may order and hold an election in |
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the county on the question of granting the commissioners court the |
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authority to regulate land development in the unincorporated area |
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of the county. |
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Sec. 232.154. BALLOT PROPOSITION. For an election under |
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this subchapter, the ballot shall be prepared to permit voting for |
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or against the proposition: "Granting (name of county) the |
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authority to regulate land development in the unincorporated area |
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of the county." |
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Sec. 232.155. EFFECT OF ELECTION. If a majority of the |
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votes received on the question at the election approve the grant of |
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authority, the commissioners court of the county may adopt a |
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regulation under this subchapter. |
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SECTION 2. The heading to Chapter 232, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY |
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DEVELOPMENT |
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SECTION 3. 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. |