|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to granting Travis County authority to regulate certain |
|
land use and impose certain development fees; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 231, Local Government |
|
Code, is amended to read as follows: |
|
CHAPTER 231. SPECIFIC COUNTY LAND USE PLANNING |
|
[ZONING] AUTHORITY |
|
SECTION 2. Chapter 231, Local Government Code, is amended |
|
by adding Subchapter M to read as follows: |
|
SUBCHAPTER M. DEVELOPMENT REGULATIONS IN TRAVIS COUNTY |
|
Sec. 231.281. DEFINITIONS. In this subchapter: |
|
(1) "Infrastructure" means any of the following |
|
facilities: |
|
(A) storm water, drainage, and flood control |
|
facilities; or |
|
(B) roadway facilities. |
|
(2) "Infrastructure cost recovery fee" means a fee |
|
imposed by the county on the owner of new development to pay for or |
|
recover costs of infrastructure improvements necessitated by and |
|
attributable to the new development. The fee is assessed on a cost |
|
per service unit basis. |
|
(3) "New development" means any of the following |
|
activities that increase the number of service units: |
|
(A) the subdivision of land; |
|
(B) the construction, reconstruction, |
|
redevelopment, conversion, structural alteration, relocation, or |
|
enlargement of any structure; or |
|
(C) any use or extension of the use of land. |
|
(4) "Service unit" means a standardized measure of |
|
consumption, use, generation, or discharge attributable to an |
|
individual unit of development calculated in accordance with |
|
generally accepted engineering or planning standards and based on |
|
historical data and trends for the preceding 10 years applicable to |
|
the county in which the individual unit of development is located. |
|
Sec. 231.282. LEGISLATIVE FINDINGS AND PURPOSE. (a) The |
|
legislature finds that: |
|
(1) the natural areas of Travis County, including the |
|
areas surrounding Lake Travis and the Pedernales and Colorado |
|
Rivers, and the numerous small lakes, tributaries, and creeks in |
|
Travis County: |
|
(A) are or will be frequented for recreational |
|
and tourism purposes by residents from every part of the state; and |
|
(B) are critical to the bays and estuaries in the |
|
Gulf of Mexico; |
|
(2) orderly development of Travis County is of concern |
|
to the entire state; and |
|
(3) without adequate development regulations, Travis |
|
County will be developed in ways that endanger and interfere with |
|
the proper use of that area as a place of tourism and recreation to |
|
the detriment of the public health, safety, peace, morals, and |
|
general welfare. |
|
(b) The powers granted under this subchapter are for the |
|
purpose of: |
|
(1) promoting the public health, safety, peace, |
|
morals, and general welfare; |
|
(2) encouraging tourism and recreation; and |
|
(3) safeguarding and preventing the pollution of the |
|
state's aquifers, rivers, and lakes. |
|
Sec. 231.283. AREAS SUBJECT TO REGULATION. This subchapter |
|
applies only to the unincorporated areas of Travis County. |
|
Sec. 231.284. DEVELOPMENT REGULATIONS GENERALLY. (a) The |
|
Commissioners Court of Travis County by order may adopt land |
|
development regulations to promote the health, safety, peace, |
|
morals, or general welfare of the county and provide for the safe, |
|
orderly, and healthful development in the unincorporated area of |
|
the county, including regulations to establish: |
|
(1) density of development as determined by minimum or |
|
average lot size within a designated area; |
|
(2) reasonable building and set-back lines on all |
|
sides of any building or property used for business, industrial, |
|
residential, or other purposes; and |
|
(3) an infrastructure cost recovery fee, as described |
|
by Section 231.294. |
|
(b) A determination of the reasonableness of a set-back line |
|
under Subsection (a)(2) may include consideration of an |
|
incompatible land use. |
|
(c) Unless otherwise authorized by state law, the |
|
commissioners court may not regulate under this subchapter the use |
|
of any building or property for business, industrial, residential, |
|
or other purpose. |
|
Sec. 231.285. ELECTION TO APPROVE REGULATORY AUTHORITY |
|
REQUIRED. (a) Regulatory authority granted under Section 231.284 |
|
is not effective until it is approved by a majority of the county |
|
residents voting in an election held under this section. |
|
(b) County residents voting in an election held under this |
|
section: |
|
(1) may approve regulatory authority granted under |
|
Section 231.284 in its entirety; or |
|
(2) may approve specific regulatory authority granted |
|
under Section 231.284 without approving other specific regulatory |
|
authority granted under Section 231.284. |
|
(c) The commissioners court: |
|
(1) may, on its own motion, order and hold an election |
|
in the county to approve a grant of authority under Section 231.284; |
|
and |
|
(2) shall order and hold an election in the county to |
|
approve a grant of authority under Section 231.284 if the |
|
commissioners court receives a petition requesting the election |
|
signed by registered voters of the county in a number equal to 10 |
|
percent of the number of votes received by all candidates for |
|
governor in the county in the most recent gubernatorial election. |
|
(d) Notwithstanding Section 277.002, Election Code: |
|
(1) a petition must include each signer's zip code with |
|
the signer's residence address; and |
|
(2) a signature is not considered valid if the date of |
|
signing is before the 90th day before the date the petition is |
|
submitted to the commissioners court. |
|
(e) Not later than the fifth day after the date a petition is |
|
received by the commissioners court, the county judge shall submit |
|
the petition for verification to the county clerk. The county clerk |
|
shall determine whether the petition meets the requirements |
|
prescribed by this section and Section 277.002, Election Code. Not |
|
later than the 30th day after the date the petition is submitted to |
|
the county clerk for verification, the county clerk shall certify |
|
in writing to the commissioners court whether the petition is |
|
valid. If the county clerk determines that the petition is invalid, |
|
the county clerk shall state the reasons for that determination. |
|
(f) If the county clerk certifies that a petition is valid, |
|
the commissioners court shall order the election to be held on the |
|
first November uniform election date authorized by Section 41.001, |
|
Election Code, that occurs on or after the 70th day after the date |
|
the court receives the county clerk's certification. |
|
(g) For an election under this section, the ballot shall be |
|
prepared to permit voting for or against the proposition: |
|
"Approving the authority granted to the Commissioners Court of |
|
Travis County to regulate land development in the unincorporated |
|
area of the county by (insert description of general authority or |
|
specific regulation, as applicable)." As applicable, the ballot |
|
shall be prepared to permit voting for or against separate |
|
propositions as provided by Subsection (b)(2). |
|
(h) The approval authority granted under this section |
|
includes the authority to repeal, revise, or amend a previous |
|
decision to operate under this subchapter. |
|
Sec. 231.286. COMPLIANCE WITH COUNTY AND MUNICIPAL PLANS. |
|
Development regulations must be: |
|
(1) adopted in accordance with any county plan for |
|
growth and development of the county if a county plan has been |
|
adopted by the commissioners court; and |
|
(2) coordinated with the comprehensive plans of |
|
municipalities located in the county. |
|
Sec. 231.287. DISTRICTS. (a) The commissioners court may |
|
divide the unincorporated area of the county into districts of a |
|
number, shape, and size the commissioners court considers best for |
|
exercising the authority granted by this subchapter. |
|
(b) Development regulations may vary from district to |
|
district. |
|
Sec. 231.288. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
|
AND DISTRICT BOUNDARIES. (a) A development regulation adopted |
|
under this subchapter 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 |
|
development regulation only by an order passed by a majority vote of |
|
the full membership of the commissioners court. |
|
Sec. 231.289. DEVELOPMENT COMMISSION. (a) The |
|
commissioners court may appoint a development commission to assist |
|
in the implementation and enforcement of development regulations |
|
adopted under this subchapter. |
|
(b) The development commission is advisory only and may |
|
recommend appropriate development regulations for the county. |
|
(c) The members of the development commission are subject to |
|
the same requirements relating to conflicts of interest that are |
|
applicable to the commissioners court under Chapter 171. |
|
Sec. 231.290. SPECIAL EXCEPTION. (a) A person aggrieved by |
|
a development regulation adopted under this subchapter may petition |
|
the commissioners court or the development commission, if the |
|
commissioners court has established a development commission, for a |
|
special exception to the development regulation. |
|
(b) The commissioners court shall adopt procedures |
|
governing applications, notice, hearings, and other matters |
|
relating to the grant of a special exception. |
|
Sec. 231.291. ENFORCEMENT; PENALTY. (a) The commissioners |
|
court may adopt orders to enforce this subchapter or an order or |
|
development regulation adopted under this subchapter. |
|
(b) A person commits an offense if the person violates this |
|
subchapter or an order or development regulation adopted under this |
|
subchapter. 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. |
|
Sec. 231.292. 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 development regulations adopted under this |
|
subchapter. |
|
Sec. 231.293. CONFLICT WITH OTHER LAWS. If a development |
|
regulation adopted under this subchapter imposes higher standards |
|
than those required under another statute or local order or |
|
regulation, the regulation adopted under this subchapter controls |
|
in the area subject to regulation. If the other statute or local |
|
order or regulation imposes higher standards, that statute, order, |
|
or regulation controls. |
|
Sec. 231.294. INFRASTRUCTURE COST RECOVERY FEE. (a) |
|
Travis County may impose an infrastructure cost recovery fee to |
|
provide necessary infrastructure to serve new development in the |
|
unincorporated area of the county as provided by this section and |
|
Sections 231.295 and 231.296. |
|
(b) The county may impose the fee only to pay for or recover |
|
the costs of constructing, acquiring, or expanding infrastructure |
|
necessary to serve new development. The fee may not be: |
|
(1) applied to infrastructure improvements that do not |
|
serve the new development; or |
|
(2) imposed to pay for: |
|
(A) repairing, operating, or maintaining |
|
existing or new infrastructure improvements; or |
|
(B) upgrading, replacing, or expanding existing |
|
development to meet stricter safety, efficiency, environmental, or |
|
regulatory standards. |
|
(c) Before the county may impose the fee to recover costs of |
|
roadway improvements, an infrastructure development plan must be |
|
prepared. |
|
(d) Any interest earned on the fee is considered part of the |
|
fee and is subject to the same restrictions under this section. |
|
(e) The county may assess the fee before or at the time a |
|
subdivision plat is recorded. The fee may be collected at the time |
|
the county issues a building permit or a certificate of occupancy, |
|
unless the county and the owner of the development enter into an |
|
agreed payment plan. |
|
(f) The county may reduce or waive the assessment of the fee |
|
if the new development qualifies as affordable housing under 42 |
|
U.S.C. Section 12745. |
|
(g) After the fee has been assessed, the fee may not be |
|
increased unless additional service units are added. If additional |
|
service units are added, the fee may be assessed only at the cost |
|
per service unit originally imposed. |
|
(h) The infrastructure improvement for which the fee is |
|
imposed must be completed not later than the 10th anniversary of the |
|
date the fee is paid. The time prescribed for completion may be |
|
extended by a majority vote of the commissioners court if the |
|
commissioners court makes a finding that the infrastructure |
|
improvement is exceptionally complicated or intensive and |
|
reasonably requires additional time. Any portion of the fee that |
|
remains after the time prescribed expires shall be refunded to the |
|
owner of the development. |
|
Sec. 231.295. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST |
|
RECOVERY FEES GENERALLY. (a) The Commissioners Court of Travis |
|
County shall hold a public hearing to consider the infrastructure |
|
improvements and the infrastructure cost recovery fee. On or |
|
before the date the notice of hearing is published, the |
|
commissioners court shall make available to the public a |
|
description of any proposed infrastructure improvements and a |
|
description of any proposed fee. |
|
(b) On or before the 30th day before the date of the hearing, |
|
the commissioners court shall publish notice of the hearing in one |
|
or more newspapers of general circulation in the county. |
|
(c) The notice under Subsection (b) shall include: |
|
(1) a relevant heading; |
|
(2) the time, date, and location for the hearing; |
|
(3) a statement that the hearing is open to public |
|
comment; and |
|
(4) a general statement of the subject matter of the |
|
hearing. |
|
(d) Not later than the 30th day after the date of the public |
|
hearing, the commissioners court by order shall adopt or reject the |
|
proposed assessment of the fee. An order approving the assessment |
|
of the fee may not be adopted as an emergency measure. |
|
Sec. 231.296. CERTIFICATION OF COMPLIANCE REQUIRED. (a) |
|
If Travis County imposes an infrastructure improvement cost |
|
recovery fee, the county shall submit a written certification |
|
verifying compliance with this subchapter to the attorney general |
|
each year not later than the last day of the county's fiscal year. |
|
The certification must be signed by the county judge. |
|
(b) If the county fails to submit a certification for a |
|
fiscal year as required by this section, the county is liable to the |
|
state for a civil penalty in an amount equal to 10 percent of the |
|
amount of the fee assessed in that fiscal year. A penalty collected |
|
under this subsection shall be deposited to the credit of the |
|
housing trust fund. |
|
SECTION 3. This Act takes effect September 1, 2009. |