81R4963 PAM-D
By: Phillips H.B. No. 2436
A BILL TO BE ENTITLED
AN ACT
relating to the zoning authority of counties around certain bodies
of water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter G, Chapter 231, Local
Government Code, is amended to read as follows:
SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE
RALPH HALL, [AND] POST LAKE, AND LOWER BOIS D'ARC CREEK RESERVOIR
SECTION 2. Section 231.131(a), Local Government Code, is
amended to read as follows:
(a) The legislature finds that:
(1) the areas that surround Lake Alan Henry, Lake
Cooper, Lake Ralph Hall, [and] Post Lake, and Lower Bois D'Arc Creek
Reservoir are or will be frequented for recreational purposes by
residents from every part of the state;
(2) orderly development and use of the area is of
concern to the entire state; and
(3) buildings in the area that will be frequented for
resort or recreational purposes will tend to become congested and
to be used in ways that interfere with the proper use of the area as
a place of recreation to the detriment of the public health, safety,
morals, and general welfare.
SECTION 3. Sections 231.132(a) and (b), Local Government
Code, are amended to read as follows:
(a) This subchapter applies to:
(1) those parts of Garza County located within three
miles of the high water marks established for Lake Alan Henry and
Post Lake except land located in Garza County and owned by the White
River Municipal Water District;
(2) those parts of Kent County located within three
miles of the high water marks established for Lake Alan Henry;
(3) the area within 10,000 feet of where the shoreline
of Lake Cooper would be if the lake were filled to its storage
capacity; [and]
(4) the area within 5,000 feet of where the shoreline
of Lake Ralph Hall would be if the lake were filled to its storage
capacity; and
(5) the area within 5,000 feet of where the shoreline
of the Lower Bois D'Arc Creek Reservoir would be if the reservoir
were filled to its storage capacity.
(b) The areas described by Subsection (a) are subject to
regulation under this subchapter regardless of whether the
construction of an affected lake or reservoir is complete.
SECTION 4. Section 231.132(c), Local Government Code, is
repealed.
SECTION 5. 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.