Texas 2009 - 81st Regular

Texas House Bill HB4175 Compare Versions

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1	1	By: Bolton H.B. No. 4175
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing certain counties to adopt buffer zone
7	7	regulations and comprehensive land development plans; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 7, Local Government Code, is
11	11	amended by adding Chapter 236 to read as follows:
12	12	CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES
13	13	Sec. 236.001. PURPOSE. The powers granted under this
14	14	chapter are for the purpose of promoting the public health, safety,
15	15	or general welfare.
16	16	Sec. 236.002. APPLICABILITY. This chapter applies only to
17	17	a county with a population of more than 800,000 and not more than
18	18	1.3 million.
19	19	Sec. 236.003. DEFINITIONS. In this chapter:
20	20	(1) "Agricultural use" means use or activity involving
21	21	agriculture.
22	22	(2) "Agriculture" means:
23	23	(A) cultivating the soil to produce crops for
24	24	human food, animal feed, seed for planting, or the production of
25	25	fibers;
26	26	(B) practicing floriculture, viticulture,
27	27	silviculture, or horticulture;
28	28	(C) raising, feeding, or keeping animals for
29	29	breeding purposes or for the production of food, fiber, leather,
30	30	pelts, or other tangible products having commercial value, with the
31	31	exception of feedlots;
32	32	(D) planting cover crops, including cover crops
33	33	cultivated for transplantation, or leaving land idle for the
34	34	purpose of participating in a government program or normal crop or
35	35	livestock rotation procedure; or
36	36	(E) wildlife management.
37	37	(3) "Industry" means use or activity involving:
38	38	(A) manufacturing;
39	39	(B) light or heavy industry;
40	40	(C) transportation facilities, including
41	41	trucking depots, marinas, or airports;
42	42	(D) resource extraction, including mining or
43	43	construction materials processing; or
44	44	(E) warehousing.
45	45	Sec. 236.004. BUFFER ZONE REGULATION. (a) Except as
46	46	provided by Subsection (c), the commissioners court of a county may
47	47	adopt a regulation under this chapter to require a buffer zone
48	48	between an industry and a residential area, hospital, elder-care
49	49	facility, school, day-care facility, church, or similar land use
50	50	that the commissioners court finds to be incompatible with the
51	51	industry.
52	52	(b) A buffer zone adopted under this chapter must be
53	53	reasonably necessary to protect public health, safety, or general
54	54	welfare.
55	55	(c) A commissioners court may not regulate under this
56	56	chapter:
57	57	(1) a tract of land devoted to agricultural use;
58	58	(2) an activity or a structure or appurtenance on a
59	59	tract of land devoted to agricultural use;
60	60	(3) land used for an activity described by Section
61	61	81.051, Natural Resources Code; or
62	62	(4) an interstate gas pipeline facility as defined by
63	63	49 U.S.C. Section 60101.
64	64	Sec. 236.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN. A
65	65	buffer zone regulation adopted under this chapter must be:
66	66	(1) adopted in accordance with a county comprehensive
67	67	plan adopted under Section 236.007; and
68	68	(2) coordinated with the comprehensive plans of
69	69	municipalities located in the county.
70	70	Sec. 236.006. PROCEDURE GOVERNING ADOPTION OF
71	71	REGULATIONS. (a) A buffer zone regulation under this chapter is
72	72	not effective until the regulation is adopted by the commissioners
73	73	court after a public hearing. Before the 15th day before the date
74	74	of the hearing, the commissioners court must publish notice of the
75	75	hearing in a newspaper of general circulation in the county.
76	76	(b) The commissioners court may establish or amend a buffer
77	77	zone regulation only by an order passed by a majority vote of the
78	78	full membership of the court.
79	79	Sec. 236.007. COMPREHENSIVE PLAN. (a) The commissioners
80	80	court may adopt a comprehensive plan for land development in the
81	81	unincorporated area of the county.
82	82	(b) The comprehensive plan must be designed to:
83	83	(1) lessen congestion in the streets;
84	84	(2) secure safety from fire, panic, and other dangers;
85	85	(3) promote health and the general welfare;
86	86	(4) provide adequate light and air;
87	87	(5) prevent the overcrowding of land;
88	88	(6) avoid undue concentration of population; or
89	89	(7) facilitate the adequate provision of
90	90	transportation, water, sewers, schools, parks, and other public
91	91	requirements.
92	92	(c) A comprehensive plan must be consistent with the
93	93	comprehensive plans of municipalities located in the county.
94	94	Sec. 236.008. INCENTIVES. The commissioners court may
95	95	provide incentives to a person who develops land in the
96	96	unincorporated area of the county in compliance with the county
97	97	comprehensive plan adopted under Section 236.007.
98	98	Sec. 236.009. SPECIAL EXCEPTION. (a) A person aggrieved
99	99	by a buffer zone regulation adopted under this chapter may petition
100	100	the commissioners court for a special exception to the regulation
101	101	adopted by the commissioners court.
102	102	(b) The commissioners court may grant a special exception
103	103	that mitigates or offsets a buffer zone if the person subject to the
104	104	buffer zone requirement can demonstrate that the mitigation or
105	105	offset adequately protects the public health, safety, or general
106	106	welfare.
107	107	(c) The commissioners court shall adopt procedures
108	108	governing applications, notice, hearings, and other matters
109	109	relating to the grant of a special exception.
110	110	Sec. 236.010. ENFORCEMENT; PENALTY. (a) The commissioners
111	111	court may adopt orders to enforce this chapter or an order or buffer
112	112	zone regulation adopted under this chapter.
113	113	(b) A person commits an offense if the person violates an
114	114	order or regulation adopted under this chapter. An offense under
115	115	this subsection is a misdemeanor punishable by a fine of not less
116	116	than $500 or more than $1,000. Each day that a violation occurs
117	117	constitutes a separate offense. Trial shall be in the district
118	118	court.
119	119	Sec. 236.011. COOPERATION WITH MUNICIPALITIES. The
120	120	commissioners court by order may enter into agreements with any
121	121	municipality located in the county to assist in the implementation
122	122	and enforcement of buffer zone regulations adopted under this
123	123	chapter.
124	124	Sec. 236.012. EXISTING AUTHORITY UNAFFECTED. The authority
125	125	granted by this chapter does not affect the authority of the
126	126	commissioners court to adopt an order to regulate land development
127	127	under other law.
128	128	Sec. 236.013. CONFLICT WITH OTHER LAWS. If a buffer zone
129	129	regulation adopted under this chapter imposes higher standards than
130	130	those required under another statute or local order or regulation,
131	131	the regulation adopted under this chapter controls. If the other
132	132	statute or local order or regulation imposes higher standards, that
133	133	statute, order, or regulation controls.
134	134	SECTION 2. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect September 1, 2009.