81R16163 NC-F

By: Wentworth S.B. No. 2451

A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 7, Local Government Code, is amended by adding Chapter 236 to read as follows:

CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES

Sec. 236.001. PURPOSE. The powers granted under this chapter are for the purpose of promoting the public health, safety, or general welfare.

Sec. 236.002. APPLICABILITY. This chapter applies only to a county with a population of more than 800,000 and not more than 1.3 million.

Sec. 236.003. DEFINITIONS. In this chapter:

(1) "Agricultural use" means use or activity involving agriculture.

(2) "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, with the exception of feedlots;

(D) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in a government program or normal crop or livestock rotation procedure; or

(E) wildlife management.

(3) "Industry" means use or activity involving:

(A) manufacturing;

(B) light or heavy industry;

(C) transportation facilities, including trucking depots, marinas, or airports;

(D) resource extraction, including mining or construction materials processing; or

(E) warehousing.

Sec. 236.004. BUFFER ZONE REGULATION. (a) Except as provided by Subsection (c), the commissioners court of a county may adopt a regulation under this chapter to require a buffer zone between an industry and a residential area, hospital, elder-care facility, school, day-care facility, church, or similar land use that the commissioners court finds to be incompatible with the industry.

(b) A buffer zone adopted under this chapter must be reasonably necessary to protect public health, safety, or general welfare.

(c) A commissioners court may not regulate under this chapter:

(1) a tract of land devoted to agricultural use;

(2) an activity or a structure or appurtenance on a tract of land devoted to agricultural use;

(3) land used for an activity described by Section 81.051, Natural Resources Code; or

(4) an interstate gas pipeline facility as defined by 49 U.S.C. Section 60101.

Sec. 236.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN. A buffer zone regulation adopted under this chapter must be:

(1) adopted in accordance with a county comprehensive plan adopted under Section 236.007; and

(2) coordinated with the comprehensive plans of municipalities located in the county.

Sec. 236.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. (a) A buffer zone regulation under this chapter is not effective until the regulation 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 buffer zone regulation only by an order passed by a majority vote of the full membership of the court.

Sec. 236.007. COMPREHENSIVE PLAN. (a) The commissioners court may adopt a comprehensive plan for land development in the unincorporated area of the county.

(b) The comprehensive plan must be designed to:

(1) lessen congestion in the streets;

(2) secure safety from fire, panic, and other dangers;

(3) promote health and the general welfare;

(4) provide adequate light and air;

(5) prevent the overcrowding of land;

(6) avoid undue concentration of population; or

(7) facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.

(c) A comprehensive plan must be consistent with the comprehensive plans of municipalities located in the county.

Sec. 236.008. INCENTIVES. The commissioners court may provide incentives to a person who develops land in the unincorporated area of the county in compliance with the county comprehensive plan adopted under Section 236.007.

Sec. 236.009. SPECIAL EXCEPTION. (a) A person aggrieved by a buffer zone regulation adopted under this chapter may petition the commissioners court for a special exception to the regulation adopted by the commissioners court.

(b) The commissioners court may grant a special exception that mitigates or offsets a buffer zone if the person subject to the buffer zone requirement can demonstrate that the mitigation or offset adequately protects the public health, safety, or general welfare.

(c) The commissioners court shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.

Sec. 236.010. ENFORCEMENT; PENALTY. (a) The commissioners court may adopt orders to enforce this chapter or an order or buffer zone regulation adopted under this chapter.

(b) A person commits an offense if the person violates an order or regulation adopted under this chapter. 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. 236.011. 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 buffer zone regulations adopted under this chapter.

Sec. 236.012. EXISTING AUTHORITY UNAFFECTED. The authority granted by this chapter does not affect the authority of the commissioners court to adopt an order to regulate land development under other law.

Sec. 236.013. CONFLICT WITH OTHER LAWS. If a buffer zone regulation adopted under this chapter imposes higher standards than those required under another statute or local order or regulation, the regulation adopted under this chapter 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, 2009.