Texas 2009 - 81st Regular

Texas House Bill HB3265 Compare Versions

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1	1	81R24723 E
2	2	By: Rose, Miller of Comal, Gallego H.B. No. 3265
3	3	Substitute the following for H.B. No. 3265:
4	4	By: Coleman C.S.H.B. No. 3265
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to granting Hill Country counties regulatory authority and
10	10	the authority to impose certain development fees; providing
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 231, Local Government Code, is amended
14	14	by adding Subchapter M to read as follows:
15	15	SUBCHAPTER M. DEVELOPMENT REGULATIONS IN HILL COUNTRY COUNTIES
16	16	Sec. 231.281. DEFINITIONS. In this subchapter:
17	17	(1) "Hill Country county" means Bandera, Blanco,
18	18	Comal, Edwards, Gillespie, Hays, Kendall, or Medina County.
19	19	(2) "Infrastructure" means any roadway facility.
20	20	(3) "Infrastructure cost recovery fee" means a fee
21	21	imposed by the county on the owner of new development to pay for or
22	22	recover costs of infrastructure improvements necessitated by and
23	23	attributable to the new development. The fee is assessed on a cost
24	24	per service unit basis.
25	25	(4) "New development" means any of the following
26	26	activities that increase the number of service units:
27	27	(A) the subdivision of land; or
28	28	(B) any use or extension of the use of land.
29	29	(5) "Service unit" means a standardized measure of
30	30	consumption, use, generation, or discharge attributable to an
31	31	individual unit of development calculated in accordance with
32	32	generally accepted engineering or planning standards and based on
33	33	historical data and trends for the preceding 10 years applicable to
34	34	the county in which the individual unit of development is located.
35	35	Sec. 231.282. LEGISLATIVE FINDINGS AND PURPOSE. (a) The
36	36	legislature finds that:
37	37	(1) the natural areas of the Hill Country counties,
38	38	including the areas surrounding Canyon Lake and Medina Lake, the
39	39	Blanco, Frio, Guadalupe, Llano, Medina, Nueces, Pedernales,
40	40	Sabinal, and San Marcos Rivers, and the numerous small lakes,
41	41	tributaries, creeks, and springs in the Hill Country counties:
42	42	(A) are or will be frequented for recreational
43	43	and tourism purposes by residents from every part of the state; and
44	44	(B) are critical to the bays and estuaries in the
45	45	Gulf of Mexico;
46	46	(2) orderly development of the Hill Country counties
47	47	is of concern to the entire state; and
48	48	(3) without adequate development regulations, the
49	49	Hill Country counties will be developed in ways that endanger and
50	50	interfere with the proper use of that area as a place of tourism and
51	51	recreation to the detriment of the public health, safety, morals,
52	52	and general welfare.
53	53	(b) The powers granted under this subchapter are for the
54	54	purpose of:
55	55	(1) promoting the public health, safety, peace,
56	56	morals, and general welfare;
57	57	(2) encouraging tourism and recreation; and
58	58	(3) safeguarding and preventing the pollution of the
59	59	state's aquifers, rivers, and lakes.
60	60	Sec. 231.283. AREAS SUBJECT TO REGULATION. This subchapter
61	61	applies only to the unincorporated areas of the Hill Country
62	62	counties.
63	63	Sec. 231.284. DEVELOPMENT REGULATIONS GENERALLY. (a) The
64	64	commissioners court of a Hill Country county by order may adopt land
65	65	development regulations to promote the health, safety, morals, or
66	66	general welfare of the county and provide for the safe, orderly, and
67	67	healthful development in the unincorporated area of the county,
68	68	including regulations to establish:
69	69	(1) density of development as determined by average
70	70	lot size within a designated area;
71	71	(2) reasonable building and set-back lines on all
72	72	sides of any building or property used for business, industrial,
73	73	residential, or other purposes; and
74	74	(3) an infrastructure cost recovery fee, as described
75	75	by Section 231.293.
76	76	(b) A determination of the reasonableness of a set-back line
77	77	under Subsection (a)(2) may include consideration of an
78	78	incompatible land use.
79	79	(c) Unless otherwise authorized by state law, a
80	80	commissioners court may not regulate under this subchapter:
81	81	(1) the use of any building or property for business,
82	82	industrial, residential, or other purpose; or
83	83	(2) a plat or subdivision in an adjoining county.
84	84	Sec. 231.285. ELECTION TO APPROVE REGULATORY AUTHORITY
85	85	REQUIRED. (a) Regulatory authority granted under Section 231.284
86	86	is not effective until it is approved by a majority of the county
87	87	residents voting in an election held under this section.
88	88	(b) County residents voting in an election held under this
89	89	section:
90	90	(1) may approve regulatory authority granted under
91	91	Section 231.284 in its entirety; or
92	92	(2) may approve specific regulatory authority granted
93	93	under Section 231.284 without approving other specific regulatory
94	94	authority granted under Section 231.284.
95	95	(c) The commissioners court of a Hill Country county may, on
96	96	its own motion, order and hold an election in the county to approve
97	97	a grant of authority under Section 231.284.
98	98	(d) For an election under this section, the ballot shall be
99	99	prepared to permit voting for or against the proposition:
100	100	"Approving the authority granted to the commissioners court of
101	101	(name of county) to regulate land development in the unincorporated
102	102	area of the county by (insert description of general authority or
103	103	specific regulation, as applicable)." As applicable, the ballot
104	104	shall be prepared to permit voting for or against separate
105	105	propositions as provided by Subsection (b)(2).
106	106	(e) The approval authority granted under this section
107	107	includes the authority to repeal, revise, or amend a previous
108	108	decision to operate under this subchapter.
109	109	Sec. 231.286. COMPLIANCE WITH COUNTY AND MUNICIPAL PLANS.
110	110	Development regulations must be:
111	111	(1) adopted in accordance with any county plan for
112	112	growth and development of the county if a county plan has been
113	113	adopted by the commissioners court; and
114	114	(2) coordinated with the comprehensive plans of
115	115	municipalities located in the county.
116	116	Sec. 231.287. PROCEDURE GOVERNING ADOPTION OF REGULATIONS.
117	117	(a) A development regulation adopted under this subchapter is not
118	118	effective until the regulation is adopted by the commissioners
119	119	court of the county after a public hearing. Before the 15th day
120	120	before the date of the hearing, the commissioners court must
121	121	publish notice of the hearing in a newspaper of general circulation
122	122	in the county.
123	123	(b) The commissioners court may establish or amend a
124	124	development regulation only by an order passed by a majority vote of
125	125	the full membership of the commissioners court.
126	126	Sec. 231.288. DEVELOPMENT COMMISSION. (a) The
127	127	commissioners court of a Hill Country county may appoint a
128	128	development commission to assist in the implementation and
129	129	enforcement of development regulations adopted under this
130	130	subchapter.
131	131	(b) The development commission must consist of:
132	132	(1) an ex officio chair who must be a public official,
133	133	other than a county commissioner, in the county; and
134	134	(2) four additional members who are all residents of
135	135	the county.
136	136	(c) The development commission is advisory only and may
137	137	recommend appropriate development regulations for the county.
138	138	(d) The members of the development commission are subject to
139	139	the same requirements relating to conflicts of interest that are
140	140	applicable to the commissioners court under Chapter 171.
141	141	Sec. 231.289. SPECIAL EXCEPTION. (a) A person aggrieved by
142	142	a development regulation adopted under this subchapter may petition
143	143	the commissioners court of the county that adopted the regulation
144	144	or the development commission, if the commissioners court has
145	145	established a development commission, for a special exception to
146	146	the development regulation.
147	147	(b) The commissioners court of each county that exercises
148	148	the authority granted by this subchapter shall adopt procedures
149	149	governing applications, notice, hearings, and other matters
150	150	relating to the grant of a special exception.
151	151	Sec. 231.290. ENFORCEMENT; PENALTY. (a) The commissioners
152	152	court of a Hill Country county may adopt orders to enforce this
153	153	subchapter or an order or development regulation adopted under this
154	154	subchapter.
155	155	(b) A person commits an offense if the person violates this
156	156	subchapter or an order or development regulation adopted under this
157	157	subchapter. An offense under this subsection is a misdemeanor
158	158	punishable by a fine of not less than $500 or more than $1,000. Each
159	159	day that a violation occurs constitutes a separate offense.
160	160	Sec. 231.291. COOPERATION WITH MUNICIPALITIES. The
161	161	commissioners court of a Hill Country county by order may enter into
162	162	agreements with any municipality located in the county to assist in
163	163	the implementation and enforcement of development regulations
164	164	adopted under this subchapter.
165	165	Sec. 231.292. CONFLICT WITH OTHER LAWS. If a development
166	166	regulation adopted under this subchapter imposes higher standards
167	167	than those required under another statute or local order or
168	168	regulation, the regulation adopted under this subchapter controls
169	169	in the area subject to regulation. If the other statute or local
170	170	order or regulation imposes higher standards, that statute, order,
171	171	or regulation controls.
172	172	Sec. 231.293. INFRASTRUCTURE COST RECOVERY FEE. (a) A Hill
173	173	Country county may impose an infrastructure cost recovery fee to
174	174	provide necessary infrastructure to serve new development in the
175	175	unincorporated area of the county as provided by this section and
176	176	Sections 231.294 and 231.295.
177	177	(b) The county may impose the fee only to pay for or recover
178	178	the costs of constructing, acquiring, or expanding infrastructure
179	179	necessary to serve new development. The fee may only be:
180	180	(1) applied to infrastructure improvements that serve
181	181	the new development or to which the new development has access; and
182	182	(2) imposed to pay for:
183	183	(A) repairing, operating, or maintaining
184	184	existing or new infrastructure improvements that are necessary to
185	185	serve the new development; or
186	186	(B) upgrading, replacing, or expanding existing
187	187	infrastructure to meet stricter safety, efficiency, environmental,
188	188	or regulatory standards as necessary to serve the new development.
189	189	(c) Before the county may impose the fee to recover costs of
190	190	roadway improvements, an infrastructure development plan must be
191	191	prepared. The plan must include a road traffic study conducted by a
192	192	qualified engineer. The county may not impose the fee to recover
193	193	costs of roadway improvements unless the road traffic study
194	194	projects a minimum of a 25 percent increase in road traffic
195	195	attributable to the new development.
196	196	(d) Any interest earned on the fee is considered part of the
197	197	fee and is subject to the same restrictions under this section.
198	198	(e) The county may assess the fee before or at the time a
199	199	subdivision plat is recorded. The fee may be collected at the time
200	200	the county issues a building permit or a certificate of occupancy,
201	201	unless the county and the owner of the development enter into an
202	202	agreed payment plan.
203	203	(f) The county may reduce or waive the assessment of the fee
204	204	if the new development qualifies as affordable housing under 42
205	205	U.S.C. Section 12745.
206	206	(g) After the fee has been assessed, the fee may not be
207	207	increased unless additional service units are added. If additional
208	208	service units are added, the fee may be assessed only at the cost
209	209	per service unit originally imposed.
210	210	(h) The infrastructure improvement for which the fee is
211	211	imposed must be completed not later than the first anniversary of
212	212	the date the fee is paid. The time prescribed for completion may be
213	213	extended by a majority vote of the commissioners court if the
214	214	commissioners court makes a finding that the infrastructure
215	215	improvement is exceptionally complicated or intensive and
216	216	reasonably requires additional time. An extension granted under
217	217	this subsection may not exceed the second anniversary of the date
218	218	the fee is paid. Any portion of the fee that remains after the time
219	219	prescribed expires shall be refunded to the owner of the
220	220	development.
221	221	Sec. 231.294. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST
222	222	RECOVERY FEES GENERALLY. (a) The commissioners court of a Hill
223	223	Country county shall hold a public hearing to consider the
224	224	infrastructure improvements and the infrastructure cost recovery
225	225	fee. On or before the date the notice of hearing is published, the
226	226	commissioners court shall make available to the public a
227	227	description of any proposed infrastructure improvements and a
228	228	description of any proposed fee.
229	229	(b) On or before the 30th day before the date of the hearing,
230	230	the commissioners court shall:
231	231	(1) publish notice of the hearing in one or more
232	232	newspapers of general circulation in the county; and
233	233	(2) send written notice by certified mail to the owner
234	234	of the new development for which a fee is proposed.
235	235	(c) The notice under Subsection (b)(1) shall include:
236	236	(1) a relevant heading;
237	237	(2) the time, date, and location for the hearing;
238	238	(3) a statement that the hearing is open to public
239	239	comment; and
240	240	(4) a general statement of the subject matter of the
241	241	hearing.
242	242	(d) Not later than the 30th day after the date of the public
243	243	hearing, the commissioners court by order shall adopt or reject the
244	244	proposed assessment of the fee. An order approving the assessment
245	245	of the fee may not be adopted as an emergency measure.
246	246	Sec. 231.295. CERTIFICATION OF COMPLIANCE REQUIRED. (a) A
247	247	Hill Country county that imposes an infrastructure improvement cost
248	248	recovery fee shall submit a written certification verifying
249	249	compliance with this subchapter to the attorney general each year
250	250	not later than the last day of the county's fiscal year. The
251	251	certification must be signed by the county judge.
252	252	(b) A county that fails to submit a certification for a
253	253	fiscal year as required by this section is liable to the state for a
254	254	civil penalty in an amount equal to 10 percent of the amount of the
255	255	fee assessed in that fiscal year. A penalty collected under this
256	256	subsection shall be deposited to the credit of the housing trust
257	257	fund.
258	258	SECTION 2. This Act takes effect September 1, 2009.