Texas 2009 - 81st Regular

Texas House Bill HB2167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5644 PAM-F
2	2	By: Rose H.B. No. 2167
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting Hill Country counties authority to regulate
8	8	certain land use and impose certain development fees; providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 231, Local Government
12	12	Code, is amended to read as follows:
13	13	CHAPTER 231. SPECIFIC COUNTY LAND USE PLANNING
14	14	[ZONING] AUTHORITY
15	15	SECTION 2. Chapter 231, Local Government Code, is amended
16	16	by adding Subchapter M to read as follows:
17	17	SUBCHAPTER M. DEVELOPMENT REGULATIONS IN HILL COUNTRY COUNTIES
18	18	Sec. 231.281. DEFINITIONS. In this subchapter:
19	19	(1) "Hill Country county" means Bandera, Blanco,
20	20	Burnet, Comal, Edwards, Gillespie, Hays, Kendall, Kerr, Kimble,
21	21	Llano, Mason, Medina, Real, or Uvalde County.
22	22	(2) "Infrastructure" means any of the following
23	23	facilities:
24	24	(A) water supply, treatment, and distribution
25	25	facilities;
26	26	(B) wastewater collection and treatment
27	27	facilities;
28	28	(C) storm water, drainage, and flood control
29	29	facilities; or
30	30	(D) roadway facilities.
31	31	(3) "Infrastructure cost recovery fee" means a fee
32	32	imposed by the county on the owner of new development to pay for or
33	33	recover costs of infrastructure improvements necessitated by and
34	34	attributable to the new development. The fee is assessed on a cost
35	35	per service unit basis.
36	36	(4) "New development" means any of the following
37	37	activities that increase the number of service units:
38	38	(A) the subdivision of land;
39	39	(B) the construction, reconstruction,
40	40	redevelopment, conversion, structural alteration, relocation, or
41	41	enlargement of any structure; or
42	42	(C) any use or extension of the use of land.
43	43	(5) "Service unit" means a standardized measure of
44	44	consumption, use, generation, or discharge attributable to an
45	45	individual unit of development calculated in accordance with
46	46	generally accepted engineering or planning standards and based on
47	47	historical data and trends for the preceding 10 years applicable to
48	48	the county in which the individual unit of development is located.
49	49	Sec. 231.282. LEGISLATIVE FINDINGS AND PURPOSE. (a) The
50	50	legislature finds that:
51	51	(1) the natural areas of the Hill Country counties,
52	52	including the areas surrounding Canyon Lake, Inks Lake, Lake
53	53	Buchanan, Lake Lyndon B. Johnson, Lake Marble Falls, and Medina
54	54	Lake, the Blanco, Colorado, Frio, Guadalupe, Llano, Medina, Nueces,
55	55	Pedernales, Sabinal, San Antonio, San Gabriel, and San Marcos
56	56	Rivers, and the numerous small lakes, tributaries, and creeks in
57	57	the Hill Country counties:
58	58	(A) are or will be frequented for recreational
59	59	and tourism purposes by residents from every part of the state; and
60	60	(B) are critical to the bays and estuaries in the
61	61	Gulf of Mexico;
62	62	(2) orderly development of the Hill Country counties
63	63	is of concern to the entire state; and
64	64	(3) without adequate development regulations, the
65	65	Hill Country counties will be developed in ways that endanger and
66	66	interfere with the proper use of that area as a place of tourism and
67	67	recreation to the detriment of the public health, safety, morals,
68	68	and general welfare.
69	69	(b) The powers granted under this subchapter are for the
70	70	purpose of:
71	71	(1) promoting the public health, safety, peace,
72	72	morals, and general welfare;
73	73	(2) encouraging tourism and recreation; and
74	74	(3) safeguarding and preventing the pollution of the
75	75	state's aquifers, rivers, and lakes.
76	76	Sec. 231.283. AREAS SUBJECT TO REGULATION. This subchapter
77	77	applies only to the unincorporated areas of the Hill Country
78	78	counties.
79	79	Sec. 231.284. DEVELOPMENT REGULATIONS GENERALLY. (a) The
80	80	commissioners court of a Hill Country county by order may adopt land
81	81	development regulations to promote the health, safety, morals, or
82	82	general welfare of the county and provide for the safe, orderly, and
83	83	healthful development in the unincorporated area of the county,
84	84	including regulations to establish:
85	85	(1) density of development as determined by minimum or
86	86	average lot size within a designated area;
87	87	(2) reasonable building and set-back lines on all
88	88	sides of any building or property used for business, industrial,
89	89	residential, or other purposes; and
90	90	(3) an infrastructure cost recovery fee, as described
91	91	by Section 231.294.
92	92	(b) A determination of the reasonableness of a set-back line
93	93	under Subsection (a)(2) may include consideration of an
94	94	incompatible land use.
95	95	(c) Unless otherwise authorized by state law, a
96	96	commissioners court may not regulate under this subchapter:
97	97	(1) the use of any building or property for business,
98	98	industrial, residential, or other purpose; or
99	99	(2) a plat or subdivision in an adjoining county.
100	100	Sec. 231.285. ELECTION TO APPROVE REGULATORY AUTHORITY
101	101	REQUIRED. (a) Regulatory authority granted under Section 231.284
102	102	is not effective until it is approved by a majority of the county
103	103	residents voting in an election held under this section.
104	104	(b) County residents voting in an election held under this
105	105	section:
106	106	(1) may approve regulatory authority granted under
107	107	Section 231.284 in its entirety; or
108	108	(2) may approve specific regulatory authority granted
109	109	under Section 231.284 without approving other specific regulatory
110	110	authority granted under Section 231.284.
111	111	(c) The commissioners court of a Hill Country county:
112	112	(1) may, on its own motion, order and hold an election
113	113	in the county to approve a grant of authority under Section 231.284;
114	114	and
115	115	(2) shall order and hold an election in the county to
116	116	approve a grant of authority under Section 231.284 if the
117	117	commissioners court receives a petition requesting the election
118	118	signed by registered voters of the county in a number equal to 10
119	119	percent of the number of votes received by all candidates for
120	120	governor in the county in the most recent gubernatorial election.
121	121	(d) Notwithstanding Section 277.002, Election Code:
122	122	(1) a petition must include each signer's zip code with
123	123	the signer's residence address; and
124	124	(2) a signature is not considered valid if the date of
125	125	signing is before the 90th day before the date the petition is
126	126	submitted to the commissioners court.
127	127	(e) Not later than the fifth day after the date a petition is
128	128	received by the commissioners court, the county judge shall submit
129	129	the petition for verification to the county clerk. The county clerk
130	130	shall determine whether the petition meets the requirements
131	131	prescribed by this section and Section 277.002, Election Code. Not
132	132	later than the 30th day after the date the petition is submitted to
133	133	the county clerk for verification, the county clerk shall certify
134	134	in writing to the commissioners court whether the petition is
135	135	valid. If the county clerk determines that the petition is invalid,
136	136	the county clerk shall state the reasons for that determination.
137	137	(f) If the county clerk certifies that a petition is valid,
138	138	the commissioners court shall order the election to be held on the
139	139	first November uniform election date authorized by Section 41.001,
140	140	Election Code, that occurs after the 35th day after the date the
141	141	court receives the county clerk's certification.
142	142	(g) For an election under this section, the ballot shall be
143	143	prepared to permit voting for or against the proposition:
144	144	"Approving the authority granted to the commissioners court of
145	145	(name of county) to regulate land development in the unincorporated
146	146	area of the county by (insert description of general authority or
147	147	specific regulation, as applicable)." As applicable, the ballot
148	148	shall be prepared to permit voting for or against separate
149	149	propositions as provided by Subsection (b)(2).
150	150	(h) The approval authority granted under this section
151	151	includes the authority to repeal, revise, or amend a previous
152	152	decision to operate under this subchapter.
153	153	Sec. 231.286. COMPLIANCE WITH COUNTY AND MUNICIPAL PLANS.
154	154	Development regulations must be:
155	155	(1) adopted in accordance with any county plan for
156	156	growth and development of the county if a county plan has been
157	157	adopted by the commissioners court; and
158	158	(2) coordinated with the comprehensive plans of
159	159	municipalities located in the county.
160	160	Sec. 231.287. DISTRICTS. (a) The commissioners court of a
161	161	Hill Country county may divide the unincorporated area of the
162	162	county into districts of a number, shape, and size the
163	163	commissioners court considers best for exercising the authority
164	164	granted by this subchapter.
165	165	(b) Development regulations may vary from district to
166	166	district.
167	167	Sec. 231.288. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
168	168	AND DISTRICT BOUNDARIES. (a) A development regulation adopted under
169	169	this subchapter is not effective until the regulation is adopted by
170	170	the commissioners court of the county after a public hearing.
171	171	Before the 15th day before the date of the hearing, the
172	172	commissioners court must publish notice of the hearing in a
173	173	newspaper of general circulation in the county.
174	174	(b) The commissioners court may establish or amend a
175	175	development regulation only by an order passed by a majority vote of
176	176	the full membership of the commissioners court.
177	177	Sec. 231.289. DEVELOPMENT COMMISSION. (a) The
178	178	commissioners court of a Hill Country county may appoint a
179	179	development commission to assist in the implementation and
180	180	enforcement of development regulations adopted under this
181	181	subchapter.
182	182	(b) The development commission must consist of:
183	183	(1) an ex officio chair who must be a public official,
184	184	other than a county commissioner, in the county; and
185	185	(2) four additional members who are all residents of
186	186	the county.
187	187	(c) The development commission is advisory only and may
188	188	recommend appropriate development regulations for the county.
189	189	(d) The members of the development commission are subject to
190	190	the same requirements relating to conflicts of interest that are
191	191	applicable to the commissioners court under Chapter 171.
192	192	Sec. 231.290. SPECIAL EXCEPTION. (a) A person aggrieved by
193	193	a development regulation adopted under this subchapter may petition
194	194	the commissioners court of the county that adopted the regulation
195	195	or the development commission, if the commissioners court has
196	196	established a development commission, for a special exception to
197	197	the development regulation.
198	198	(b) The commissioners court of each county that exercises
199	199	the authority granted by this subchapter shall adopt procedures
200	200	governing applications, notice, hearings, and other matters
201	201	relating to the grant of a special exception.
202	202	Sec. 231.291. ENFORCEMENT; PENALTY. (a) The commissioners
203	203	court of a Hill Country county may adopt orders to enforce this
204	204	subchapter or an order or development regulation adopted under this
205	205	subchapter.
206	206	(b) A person commits an offense if the person violates this
207	207	subchapter or an order or development regulation adopted under this
208	208	subchapter. An offense under this subsection is a misdemeanor
209	209	punishable by a fine of not less than $500 or more than $1,000. Each
210	210	day that a violation occurs constitutes a separate offense.
211	211	Sec. 231.292. COOPERATION WITH MUNICIPALITIES. The
212	212	commissioners court of a Hill Country county by order may enter into
213	213	agreements with any municipality located in the county to assist in
214	214	the implementation and enforcement of development regulations
215	215	adopted under this subchapter.
216	216	Sec. 231.293. CONFLICT WITH OTHER LAWS. If a development
217	217	regulation adopted under this subchapter imposes higher standards
218	218	than those required under another statute or local order or
219	219	regulation, the regulation adopted under this subchapter controls
220	220	in the area subject to regulation. If the other statute or local
221	221	order or regulation imposes higher standards, that statute, order,
222	222	or regulation controls.
223	223	Sec. 231.294. INFRASTRUCTURE COST RECOVERY FEE. (a) A Hill
224	224	Country county may impose an infrastructure cost recovery fee to
225	225	provide necessary infrastructure to serve new development in the
226	226	unincorporated area of the county as provided by this section and
227	227	Sections 231.295 and 231.296.
228	228	(b) The county may impose the fee only to pay for or recover
229	229	the costs of constructing, acquiring, or expanding infrastructure
230	230	necessary to serve new development. The fee may not be:
231	231	(1) applied to infrastructure improvements that do not
232	232	serve the new development or to which the new development does not
233	233	have access; or
234	234	(2) imposed to pay for:
235	235	(A) repairing, operating, or maintaining
236	236	existing or new infrastructure improvements; or
237	237	(B) upgrading, replacing, or expanding existing
238	238	development to meet stricter safety, efficiency, environmental, or
239	239	regulatory standards.
240	240	(c) Before the county may impose the fee to recover costs of
241	241	roadway improvements, an infrastructure development plan must be
242	242	prepared. The plan must include a road traffic study conducted by a
243	243	qualified engineer. The county may not impose the fee to recover
244	244	costs of roadway improvements unless the road traffic study
245	245	projects a minimum of a 25 percent increase in road traffic
246	246	attributable to the new development.
247	247	(d) Any interest earned on the fee is considered part of the
248	248	fee and is subject to the same restrictions under this section.
249	249	(e) The county may assess the fee before or at the time a
250	250	subdivision plat is recorded. The fee may be collected at the time
251	251	the county issues a building permit or a certificate of occupancy,
252	252	unless the county and the owner of the development enter into an
253	253	agreed payment plan.
254	254	(f) The county may reduce or waive the assessment of the fee
255	255	if the new development qualifies as affordable housing under 42
256	256	U.S.C. Section 12745.
257	257	(g) After the fee has been assessed, the fee may not be
258	258	increased unless additional service units are added. If additional
259	259	service units are added, the fee may be assessed only at the cost
260	260	per service unit originally imposed.
261	261	(h) The infrastructure improvement for which the fee is
262	262	imposed must be completed not later than the first anniversary of
263	263	the date the fee is paid. The time prescribed for completion may be
264	264	extended by a majority vote of the commissioners court if the
265	265	commissioners court makes a finding that the infrastructure
266	266	improvement is exceptionally complicated or intensive and
267	267	reasonably requires additional time. An extension granted under
268	268	this subsection may not exceed the second anniversary of the date
269	269	the fee is paid. Any portion of the fee that remains after the time
270	270	prescribed expires shall be refunded to the owner of the
271	271	development.
272	272	Sec. 231.295. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST
273	273	RECOVERY FEES GENERALLY. (a) The commissioners court of a Hill
274	274	Country county shall hold a public hearing to consider the
275	275	infrastructure improvements and the infrastructure cost recovery
276	276	fee. On or before the date the notice of hearing is published, the
277	277	commissioners court shall make available to the public a
278	278	description of any proposed infrastructure improvements and a
279	279	description of any proposed fee.
280	280	(b) On or before the 30th day before the date of the hearing,
281	281	the commissioners court shall:
282	282	(1) publish notice of the hearing in one or more
283	283	newspapers of general circulation in the county; and
284	284	(2) send written notice by certified mail to the owner
285	285	of the new development for which a fee is proposed.
286	286	(c) The notice under Subsection (b)(1) shall include:
287	287	(1) a relevant heading;
288	288	(2) the time, date, and location for the hearing;
289	289	(3) a statement that the hearing is open to public
290	290	comment; and
291	291	(4) a general statement of the subject matter of the
292	292	hearing.
293	293	(d) Not later than the 30th day after the date of the public
294	294	hearing, the commissioners court by order shall adopt or reject the
295	295	proposed assessment of the fee. An order approving the assessment
296	296	of the fee may not be adopted as an emergency measure.
297	297	Sec. 231.296. CERTIFICATION OF COMPLIANCE REQUIRED. (a) A
298	298	Hill Country county that imposes an infrastructure improvement cost
299	299	recovery fee shall submit a written certification verifying
300	300	compliance with this subchapter to the attorney general each year
301	301	not later than the last day of the county's fiscal year. The
302	302	certification must be signed by the county judge.
303	303	(b) A county that fails to submit a certification for a
304	304	fiscal year as required by this section is liable to the state for a
305	305	civil penalty in an amount equal to 10 percent of the amount of the
306	306	fee assessed in that fiscal year. A penalty collected under this
307	307	subsection shall be deposited to the credit of the housing trust
308	308	fund.
309	309	SECTION 3. This Act takes effect September 1, 2009.