Texas 2009 - 81st Regular

Texas Senate Bill SB1365 Compare Versions

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

Old	New	Differences
1	1	81R9222 PAM-F
2	2	By: Shapleigh S.B. No. 1365
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to development regulations in certain flood-prone
8	8	counties; providing civil and criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 231, Local Government Code, is amended
11	11	by adding Subchapter O to read as follows:
12	12	SUBCHAPTER O. DEVELOPMENT REGULATIONS IN CERTAIN FLOOD-PRONE
13	13	COUNTIES
14	14	Sec. 231.331. LEGISLATIVE FINDINGS; PURPOSE. (a) The
15	15	legislature finds that:
16	16	(1) the area described by Section 231.332 is located
17	17	within a watershed that drains into the Rio Grande;
18	18	(2) the geology and topography of the area
19	19	substantially consist of rock formations, sparse desert flora, and
20	20	mountains;
21	21	(3) the area is subject to extreme flooding, including
22	22	flash flooding, that has endangered and will continue to endanger
23	23	lives and property in the area;
24	24	(4) the area supports a major United States military
25	25	facility;
26	26	(5) the area borders a city that serves as:
27	27	(A) the state capital of a major country that
28	28	borders this state; and
29	29	(B) a major commercial gateway to this state and
30	30	to the United States;
31	31	(6) orderly development of the area and the watershed
32	32	is of concern to this state and the United States; and
33	33	(7) without adequate development regulations, the
34	34	area and the watershed will be developed in ways that endanger and
35	35	interfere with the defense of the United States, international
36	36	travel, lives and property, and commerce to the detriment of the
37	37	public health, safety, morals, and general welfare.
38	38	(b) The powers granted under this subchapter are for the
39	39	purpose of:
40	40	(1) promoting the public health, safety, and general
41	41	welfare;
42	42	(2) encouraging national defense and commerce and
43	43	transportation within and without this state; and
44	44	(3) safeguarding and preventing public infrastructure
45	45	and private property from destruction.
46	46	Sec. 231.332. AREAS SUBJECT TO REGULATION. This subchapter
47	47	applies only to the unincorporated areas of a county that:
48	48	(1) has a population of more than 650,000;
49	49	(2) has within its borders all or part of a major
50	50	military facility occupied by the United States Army; and
51	51	(3) is bordered by another country.
52	52	Sec. 231.333. DEVELOPMENT REGULATIONS GENERALLY. The
53	53	commissioners court of a county to which this subchapter applies
54	54	may regulate:
55	55	(1) the percentage of a lot that may be occupied or
56	56	developed;
57	57	(2) population density;
58	58	(3) the size of buildings;
59	59	(4) the location, design, construction, extension,
60	60	and size of streets and roads;
61	61	(5) the location, design, construction, extension,
62	62	size, and installation of water and wastewater facilities,
63	63	including the requirements for connecting to a centralized water or
64	64	wastewater system;
65	65	(6) the location, design, construction, extension,
66	66	size, and installation of drainage facilities and other required
67	67	public facilities;
68	68	(7) the location, design, and construction of parks,
69	69	playgrounds, and recreational areas;
70	70	(8) the abatement of harm resulting from inadequate
71	71	water or wastewater facilities; and
72	72	(9) the use of buildings, other structures, or land.
73	73	Sec. 231.334. COMPLIANCE WITH COUNTY PLAN. Development
74	74	regulations must be:
75	75	(1) adopted in accordance with a county plan for
76	76	growth and development of the county; and
77	77	(2) coordinated with the comprehensive plans of
78	78	municipalities located in the county.
79	79	Sec. 231.335. DISTRICTS. (a) The commissioners court may
80	80	divide the unincorporated area of the county into zones or
81	81	districts of a number, shape, and size the court considers best for
82	82	carrying out this subchapter.
83	83	(b) The development regulations must be uniform for each
84	84	class or kind of building in a district, but the regulations may
85	85	vary from zone to zone or district to district. The regulations
86	86	shall be adopted with reasonable consideration, among other things,
87	87	for the character of each zone or district and its peculiar
88	88	suitability for particular uses, with a view of conserving the
89	89	value of buildings and encouraging the most appropriate use of land
90	90	throughout the area.
91	91	Sec. 231.336. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
92	92	AND DISTRICT BOUNDARIES. (a) A development regulation adopted
93	93	under this subchapter is not effective until it is adopted by the
94	94	commissioners court after a public hearing. Before the 15th day
95	95	before the date of the hearing, the commissioners court must
96	96	publish notice of the hearing in a newspaper of general circulation
97	97	in the county.
98	98	(b) The commissioners court may establish or amend a
99	99	development regulation only by an order passed by a majority vote of
100	100	the full membership of the court.
101	101	Sec. 231.337. DEVELOPMENT COMMISSION. (a) The
102	102	commissioners court may appoint a development commission to assist
103	103	in the implementation and enforcement of development regulations
104	104	adopted under this subchapter.
105	105	(b) The development commission must consist of an ex officio
106	106	presiding officer who must be a public official in a county and four
107	107	additional members.
108	108	(c) The development commission is advisory only and may
109	109	recommend appropriate development regulations for the county.
110	110	(d) The members of the development commission are subject to
111	111	the same requirements relating to conflicts of interest that are
112	112	applicable to the commissioners court under Chapter 171.
113	113	Sec. 231.338. SPECIAL EXCEPTION. (a) A person aggrieved by
114	114	a development regulation adopted under this subchapter may petition
115	115	the commissioners court or the development commission, if the
116	116	commissioners court has established a development commission, for a
117	117	special exception to a development regulation adopted by the
118	118	commissioners court.
119	119	(b) The commissioners court shall adopt procedures
120	120	governing applications, notice, hearings, and other matters
121	121	relating to the grant of a special exception.
122	122	Sec. 231.339. ENFORCEMENT; PENALTY. (a) The commissioners
123	123	court may adopt orders to enforce this subchapter or an order or
124	124	development regulation adopted under this subchapter.
125	125	(b) A person commits an offense if the person violates this
126	126	subchapter or an order or development regulation adopted under this
127	127	subchapter. An offense under this subsection is a misdemeanor
128	128	punishable by a fine of not less than $500 or more than $1,000. Each
129	129	day that a violation occurs constitutes a separate offense. Trial
130	130	shall be in the district court.
131	131	(c) The commissioners court may provide civil penalties for
132	132	a violation.
133	133	(d) If a building or other structure is erected,
134	134	constructed, reconstructed, altered, repaired, converted, or
135	135	maintained or if a building, other structure, or land is used in
136	136	violation of this subchapter, an order adopted under this
137	137	subchapter, or a zoning regulation, the appropriate county
138	138	authority, in addition to other remedies, may institute appropriate
139	139	action to:
140	140	(1) prevent the unlawful erection, construction,
141	141	reconstruction, alteration, repair, conversion, maintenance, or
142	142	use;
143	143	(2) restrain, correct, or abate the violation;
144	144	(3) prevent the occupancy of the building, structure,
145	145	or land; or
146	146	(4) prevent any illegal act, conduct, business, or use
147	147	on or about the premises.
148	148	Sec. 231.340. COOPERATION WITH MUNICIPALITIES. The
149	149	commissioners court by order may enter into agreements with any
150	150	municipality located in the county to assist in the implementation
151	151	and enforcement of development regulations adopted under this
152	152	subchapter.
153	153	Sec. 231.341. CONFLICT WITH OTHER LAWS. If a development
154	154	regulation adopted under this subchapter imposes higher standards
155	155	than those required under another statute or local order or
156	156	regulation, the regulation adopted under this subchapter controls.
157	157	If the other statute or local order or regulation imposes higher
158	158	standards, that statute, order, or regulation controls.
159	159	SECTION 2. This Act takes effect immediately if it receives
160	160	a vote of two-thirds of all the members elected to each house, as
161	161	provided by Section 39, Article III, Texas Constitution. If this
162	162	Act does not receive the vote necessary for immediate effect, this
163	163	Act takes effect September 1, 2009.