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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 use after a |
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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 USE |
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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) engaging in 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 use in |
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the unincorporated area of the county by requiring a buffer zone |
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between the land used for a purpose specified by this subsection and |
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residential areas as follows: |
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(1) at least 1,000 feet for heavy industrial or quarry |
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use; |
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(2) at least 750 feet for light industrial use; and |
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(3) at least 500 feet for commercial or other business |
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use. |
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(b) This section does not authorize a county to adopt zoning |
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regulations. |
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(c) A county regulation under this subchapter does not apply |
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to: |
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(1) land used for: |
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(A) operating a pipeline, including a common |
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carrier pipeline as defined by Section 111.002, Natural Resources |
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Code, over which the Railroad Commission of Texas has jurisdiction; |
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or |
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(B) drilling or operating an oil or gas well; |
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(2) an interstate gas pipeline facility as defined by |
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49 U.S.C. Section 60101; |
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(3) a platted residential subdivision in existence on |
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the date the regulation takes effect; |
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(4) a tract of land devoted to agricultural use; or |
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(5) 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 use in the unincorporated area of the |
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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 use in the unincorporated area of the |
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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, 2011. |