81R9222 PAM-F
By: Shapleigh S.B. No. 1365
A BILL TO BE ENTITLED
AN ACT
relating to development regulations in certain flood-prone
counties; providing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter O to read as follows:
SUBCHAPTER O. DEVELOPMENT REGULATIONS IN CERTAIN FLOOD-PRONE
COUNTIES
Sec. 231.331. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area described by Section 231.332 is located
within a watershed that drains into the Rio Grande;
(2) the geology and topography of the area
substantially consist of rock formations, sparse desert flora, and
mountains;
(3) the area is subject to extreme flooding, including
flash flooding, that has endangered and will continue to endanger
lives and property in the area;
(4) the area supports a major United States military
facility;
(5) the area borders a city that serves as:
(A) the state capital of a major country that
borders this state; and
(B) a major commercial gateway to this state and
to the United States;
(6) orderly development of the area and the watershed
is of concern to this state and the United States; and
(7) without adequate development regulations, the
area and the watershed will be developed in ways that endanger and
interfere with the defense of the United States, international
travel, lives and property, and commerce to the detriment of the
public health, safety, morals, and general welfare.
(b) The powers granted under this subchapter are for the
purpose of:
(1) promoting the public health, safety, and general
welfare;
(2) encouraging national defense and commerce and
transportation within and without this state; and
(3) safeguarding and preventing public infrastructure
and private property from destruction.
Sec. 231.332. AREAS SUBJECT TO REGULATION. This subchapter
applies only to the unincorporated areas of a county that:
(1) has a population of more than 650,000;
(2) has within its borders all or part of a major
military facility occupied by the United States Army; and
(3) is bordered by another country.
Sec. 231.333. DEVELOPMENT REGULATIONS GENERALLY. The
commissioners court of a county to which this subchapter applies
may regulate:
(1) the percentage of a lot that may be occupied or
developed;
(2) population density;
(3) the size of buildings;
(4) the location, design, construction, extension,
and size of streets and roads;
(5) the location, design, construction, extension,
size, and installation of water and wastewater facilities,
including the requirements for connecting to a centralized water or
wastewater system;
(6) the location, design, construction, extension,
size, and installation of drainage facilities and other required
public facilities;
(7) the location, design, and construction of parks,
playgrounds, and recreational areas;
(8) the abatement of harm resulting from inadequate
water or wastewater facilities; and
(9) the use of buildings, other structures, or land.
Sec. 231.334. COMPLIANCE WITH COUNTY PLAN. Development
regulations must be:
(1) adopted in accordance with a county plan for
growth and development of the county; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 231.335. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into zones or
districts of a number, shape, and size the court considers best for
carrying out this subchapter.
(b) The development regulations must be uniform for each
class or kind of building in a district, but the regulations may
vary from zone to zone or district to district. The regulations
shall be adopted with reasonable consideration, among other things,
for the character of each zone or district and its peculiar
suitability for particular uses, with a view of conserving the
value of buildings and encouraging the most appropriate use of land
throughout the area.
Sec. 231.336. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A development regulation adopted
under this subchapter is not effective until it is adopted by the
commissioners court after a public hearing. Before the 15th day
before the date of the hearing, the commissioners court must
publish notice of the hearing in a newspaper of general circulation
in the county.
(b) The commissioners court may establish or amend a
development regulation only by an order passed by a majority vote of
the full membership of the court.
Sec. 231.337. DEVELOPMENT COMMISSION. (a) The
commissioners court may appoint a development commission to assist
in the implementation and enforcement of development regulations
adopted under this subchapter.
(b) The development commission must consist of an ex officio
presiding officer who must be a public official in a county and four
additional members.
(c) The development commission is advisory only and may
recommend appropriate development regulations for the county.
(d) The members of the development commission are subject to
the same requirements relating to conflicts of interest that are
applicable to the commissioners court under Chapter 171.
Sec. 231.338. SPECIAL EXCEPTION. (a) A person aggrieved by
a development regulation adopted under this subchapter may petition
the commissioners court or the development commission, if the
commissioners court has established a development commission, for a
special exception to a development regulation adopted by the
commissioners court.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231.339. ENFORCEMENT; PENALTY. (a) The commissioners
court may adopt orders to enforce this subchapter or an order or
development regulation adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or an order or development regulation adopted under this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000. Each
day that a violation occurs constitutes a separate offense. Trial
shall be in the district court.
(c) The commissioners court may provide civil penalties for
a violation.
(d) If a building or other structure is erected,
constructed, reconstructed, altered, repaired, converted, or
maintained or if a building, other structure, or land is used in
violation of this subchapter, an order adopted under this
subchapter, or a zoning regulation, the appropriate county
authority, in addition to other remedies, may institute appropriate
action to:
(1) prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or
use;
(2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure,
or land; or
(4) prevent any illegal act, conduct, business, or use
on or about the premises.
Sec. 231.340. COOPERATION WITH MUNICIPALITIES. The
commissioners court by order may enter into agreements with any
municipality located in the county to assist in the implementation
and enforcement of development regulations adopted under this
subchapter.
Sec. 231.341. CONFLICT WITH OTHER LAWS. If a development
regulation adopted under this subchapter imposes higher standards
than those required under another statute or local order or
regulation, the regulation adopted under this subchapter controls.
If the other statute or local order or regulation imposes higher
standards, that statute, order, or regulation controls.
SECTION 2. 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.