Texas 2009 - 81st Regular

Texas Senate Bill SB2451 Compare Versions

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

Old	New	Differences
1	1	81R16163 NC-F
2	2	By: Wentworth S.B. No. 2451
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain counties to adopt buffer zone
8	8	regulations and comprehensive land development plans; providing a
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 7, Local Government Code, is
12	12	amended by adding Chapter 236 to read as follows:
13	13	CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES
14	14	Sec. 236.001. PURPOSE. The powers granted under this
15	15	chapter are for the purpose of promoting the public health, safety,
16	16	or general welfare.
17	17	Sec. 236.002. APPLICABILITY. This chapter applies only to
18	18	a county with a population of more than 800,000 and not more than
19	19	1.3 million.
20	20	Sec. 236.003. DEFINITIONS. In this chapter:
21	21	(1) "Agricultural use" means use or activity involving
22	22	agriculture.
23	23	(2) "Agriculture" means:
24	24	(A) cultivating the soil to produce crops for
25	25	human food, animal feed, seed for planting, or the production of
26	26	fibers;
27	27	(B) practicing floriculture, viticulture,
28	28	silviculture, or horticulture;
29	29	(C) raising, feeding, or keeping animals for
30	30	breeding purposes or for the production of food, fiber, leather,
31	31	pelts, or other tangible products having commercial value, with the
32	32	exception of feedlots;
33	33	(D) planting cover crops, including cover crops
34	34	cultivated for transplantation, or leaving land idle for the
35	35	purpose of participating in a government program or normal crop or
36	36	livestock rotation procedure; or
37	37	(E) wildlife management.
38	38	(3) "Industry" means use or activity involving:
39	39	(A) manufacturing;
40	40	(B) light or heavy industry;
41	41	(C) transportation facilities, including
42	42	trucking depots, marinas, or airports;
43	43	(D) resource extraction, including mining or
44	44	construction materials processing; or
45	45	(E) warehousing.
46	46	Sec. 236.004. BUFFER ZONE REGULATION. (a) Except as
47	47	provided by Subsection (c), the commissioners court of a county may
48	48	adopt a regulation under this chapter to require a buffer zone
49	49	between an industry and a residential area, hospital, elder-care
50	50	facility, school, day-care facility, church, or similar land use
51	51	that the commissioners court finds to be incompatible with the
52	52	industry.
53	53	(b) A buffer zone adopted under this chapter must be
54	54	reasonably necessary to protect public health, safety, or general
55	55	welfare.
56	56	(c) A commissioners court may not regulate under this
57	57	chapter:
58	58	(1) a tract of land devoted to agricultural use;
59	59	(2) an activity or a structure or appurtenance on a
60	60	tract of land devoted to agricultural use;
61	61	(3) land used for an activity described by Section
62	62	81.051, Natural Resources Code; or
63	63	(4) an interstate gas pipeline facility as defined by
64	64	49 U.S.C. Section 60101.
65	65	Sec. 236.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN. A
66	66	buffer zone regulation adopted under this chapter must be:
67	67	(1) adopted in accordance with a county comprehensive
68	68	plan adopted under Section 236.007; and
69	69	(2) coordinated with the comprehensive plans of
70	70	municipalities located in the county.
71	71	Sec. 236.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS.
72	72	(a) A buffer zone regulation under this chapter is not effective
73	73	until the regulation is adopted by the commissioners court after a
74	74	public hearing. Before the 15th day before the date of the hearing,
75	75	the commissioners court must publish notice of the hearing in a
76	76	newspaper of general circulation in the county.
77	77	(b) The commissioners court may establish or amend a buffer
78	78	zone regulation only by an order passed by a majority vote of the
79	79	full membership of the court.
80	80	Sec. 236.007. COMPREHENSIVE PLAN. (a) The commissioners
81	81	court may adopt a comprehensive plan for land development in the
82	82	unincorporated area of the county.
83	83	(b) The comprehensive plan must be designed to:
84	84	(1) lessen congestion in the streets;
85	85	(2) secure safety from fire, panic, and other dangers;
86	86	(3) promote health and the general welfare;
87	87	(4) provide adequate light and air;
88	88	(5) prevent the overcrowding of land;
89	89	(6) avoid undue concentration of population; or
90	90	(7) facilitate the adequate provision of
91	91	transportation, water, sewers, schools, parks, and other public
92	92	requirements.
93	93	(c) A comprehensive plan must be consistent with the
94	94	comprehensive plans of municipalities located in the county.
95	95	Sec. 236.008. INCENTIVES. The commissioners court may
96	96	provide incentives to a person who develops land in the
97	97	unincorporated area of the county in compliance with the county
98	98	comprehensive plan adopted under Section 236.007.
99	99	Sec. 236.009. SPECIAL EXCEPTION. (a) A person aggrieved by
100	100	a buffer zone regulation adopted under this chapter may petition
101	101	the commissioners court for a special exception to the regulation
102	102	adopted by the commissioners court.
103	103	(b) The commissioners court may grant a special exception
104	104	that mitigates or offsets a buffer zone if the person subject to the
105	105	buffer zone requirement can demonstrate that the mitigation or
106	106	offset adequately protects the public health, safety, or general
107	107	welfare.
108	108	(c) The commissioners court shall adopt procedures
109	109	governing applications, notice, hearings, and other matters
110	110	relating to the grant of a special exception.
111	111	Sec. 236.010. ENFORCEMENT; PENALTY. (a) The commissioners
112	112	court may adopt orders to enforce this chapter or an order or buffer
113	113	zone regulation adopted under this chapter.
114	114	(b) A person commits an offense if the person violates an
115	115	order or regulation adopted under this chapter. An offense under
116	116	this subsection is a misdemeanor punishable by a fine of not less
117	117	than $500 or more than $1,000. Each day that a violation occurs
118	118	constitutes a separate offense. Trial shall be in the district
119	119	court.
120	120	Sec. 236.011. COOPERATION WITH MUNICIPALITIES. The
121	121	commissioners court by order may enter into agreements with any
122	122	municipality located in the county to assist in the implementation
123	123	and enforcement of buffer zone regulations adopted under this
124	124	chapter.
125	125	Sec. 236.012. EXISTING AUTHORITY UNAFFECTED. The authority
126	126	granted by this chapter does not affect the authority of the
127	127	commissioners court to adopt an order to regulate land development
128	128	under other law.
129	129	Sec. 236.013. CONFLICT WITH OTHER LAWS. If a buffer zone
130	130	regulation adopted under this chapter imposes higher standards than
131	131	those required under another statute or local order or regulation,
132	132	the regulation adopted under this chapter controls. If the other
133	133	statute or local order or regulation imposes higher standards, that
134	134	statute, order, or regulation controls.
135	135	SECTION 2. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2009.