Texas 2009 - 81st Regular

Texas Senate Bill SB2452 Compare Versions

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

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1	1	81R16170 PAM-D
2	2	By: Wentworth S.B. No. 2452
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting Travis County authority to regulate certain
8	8	land use and impose certain development fees; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 231, Local Government
11	11	Code, is amended to read as follows:
12	12	CHAPTER 231. SPECIFIC COUNTY LAND USE PLANNING
13	13	[ZONING] AUTHORITY
14	14	SECTION 2. Chapter 231, Local Government Code, is amended
15	15	by adding Subchapter M to read as follows:
16	16	SUBCHAPTER M. DEVELOPMENT REGULATIONS IN TRAVIS COUNTY
17	17	Sec. 231.281. DEFINITIONS. In this subchapter:
18	18	(1) "Infrastructure" means any of the following
19	19	facilities:
20	20	(A) storm water, drainage, and flood control
21	21	facilities; or
22	22	(B) roadway facilities.
23	23	(2) "Infrastructure cost recovery fee" means a fee
24	24	imposed by the county on the owner of new development to pay for or
25	25	recover costs of infrastructure improvements necessitated by and
26	26	attributable to the new development. The fee is assessed on a cost
27	27	per service unit basis.
28	28	(3) "New development" means any of the following
29	29	activities that increase the number of service units:
30	30	(A) the subdivision of land;
31	31	(B) the construction, reconstruction,
32	32	redevelopment, conversion, structural alteration, relocation, or
33	33	enlargement of any structure; or
34	34	(C) any use or extension of the use of land.
35	35	(4) "Service unit" means a standardized measure of
36	36	consumption, use, generation, or discharge attributable to an
37	37	individual unit of development calculated in accordance with
38	38	generally accepted engineering or planning standards and based on
39	39	historical data and trends for the preceding 10 years applicable to
40	40	the county in which the individual unit of development is located.
41	41	Sec. 231.282. LEGISLATIVE FINDINGS AND PURPOSE. (a) The
42	42	legislature finds that:
43	43	(1) the natural areas of Travis County, including the
44	44	areas surrounding Lake Travis and the Pedernales and Colorado
45	45	Rivers, and the numerous small lakes, tributaries, and creeks in
46	46	Travis County:
47	47	(A) are or will be frequented for recreational
48	48	and tourism purposes by residents from every part of the state; and
49	49	(B) are critical to the bays and estuaries in the
50	50	Gulf of Mexico;
51	51	(2) orderly development of Travis County is of concern
52	52	to the entire state; and
53	53	(3) without adequate development regulations, Travis
54	54	County will be developed in ways that endanger and interfere with
55	55	the proper use of that area as a place of tourism and recreation to
56	56	the detriment of the public health, safety, peace, morals, and
57	57	general welfare.
58	58	(b) The powers granted under this subchapter are for the
59	59	purpose of:
60	60	(1) promoting the public health, safety, peace,
61	61	morals, and general welfare;
62	62	(2) encouraging tourism and recreation; and
63	63	(3) safeguarding and preventing the pollution of the
64	64	state's aquifers, rivers, and lakes.
65	65	Sec. 231.283. AREAS SUBJECT TO REGULATION. This subchapter
66	66	applies only to the unincorporated areas of Travis County.
67	67	Sec. 231.284. DEVELOPMENT REGULATIONS GENERALLY. (a) The
68	68	Commissioners Court of Travis County by order may adopt land
69	69	development regulations to promote the health, safety, peace,
70	70	morals, or general welfare of the county and provide for the safe,
71	71	orderly, and healthful development in the unincorporated area of
72	72	the county, including regulations to establish:
73	73	(1) density of development as determined by minimum or
74	74	average lot size within a designated area;
75	75	(2) reasonable building and set-back lines on all
76	76	sides of any building or property used for business, industrial,
77	77	residential, or other purposes; and
78	78	(3) an infrastructure cost recovery fee, as described
79	79	by Section 231.294.
80	80	(b) A determination of the reasonableness of a set-back line
81	81	under Subsection (a)(2) may include consideration of an
82	82	incompatible land use.
83	83	(c) Unless otherwise authorized by state law, the
84	84	commissioners court may not regulate under this subchapter the use
85	85	of any building or property for business, industrial, residential,
86	86	or other purpose.
87	87	Sec. 231.285. ELECTION TO APPROVE REGULATORY AUTHORITY
88	88	REQUIRED. (a) Regulatory authority granted under Section 231.284
89	89	is not effective until it is approved by a majority of the county
90	90	residents voting in an election held under this section.
91	91	(b) County residents voting in an election held under this
92	92	section:
93	93	(1) may approve regulatory authority granted under
94	94	Section 231.284 in its entirety; or
95	95	(2) may approve specific regulatory authority granted
96	96	under Section 231.284 without approving other specific regulatory
97	97	authority granted under Section 231.284.
98	98	(c) The commissioners court:
99	99	(1) may, on its own motion, order and hold an election
100	100	in the county to approve a grant of authority under Section 231.284;
101	101	and
102	102	(2) shall order and hold an election in the county to
103	103	approve a grant of authority under Section 231.284 if the
104	104	commissioners court receives a petition requesting the election
105	105	signed by registered voters of the county in a number equal to 10
106	106	percent of the number of votes received by all candidates for
107	107	governor in the county in the most recent gubernatorial election.
108	108	(d) Notwithstanding Section 277.002, Election Code:
109	109	(1) a petition must include each signer's zip code with
110	110	the signer's residence address; and
111	111	(2) a signature is not considered valid if the date of
112	112	signing is before the 90th day before the date the petition is
113	113	submitted to the commissioners court.
114	114	(e) Not later than the fifth day after the date a petition is
115	115	received by the commissioners court, the county judge shall submit
116	116	the petition for verification to the county clerk. The county clerk
117	117	shall determine whether the petition meets the requirements
118	118	prescribed by this section and Section 277.002, Election Code. Not
119	119	later than the 30th day after the date the petition is submitted to
120	120	the county clerk for verification, the county clerk shall certify
121	121	in writing to the commissioners court whether the petition is
122	122	valid. If the county clerk determines that the petition is invalid,
123	123	the county clerk shall state the reasons for that determination.
124	124	(f) If the county clerk certifies that a petition is valid,
125	125	the commissioners court shall order the election to be held on the
126	126	first November uniform election date authorized by Section 41.001,
127	127	Election Code, that occurs on or after the 70th day after the date
128	128	the court receives the county clerk's certification.
129	129	(g) For an election under this section, the ballot shall be
130	130	prepared to permit voting for or against the proposition:
131	131	"Approving the authority granted to the Commissioners Court of
132	132	Travis County to regulate land development in the unincorporated
133	133	area of the county by (insert description of general authority or
134	134	specific regulation, as applicable)." As applicable, the ballot
135	135	shall be prepared to permit voting for or against separate
136	136	propositions as provided by Subsection (b)(2).
137	137	(h) The approval authority granted under this section
138	138	includes the authority to repeal, revise, or amend a previous
139	139	decision to operate under this subchapter.
140	140	Sec. 231.286. COMPLIANCE WITH COUNTY AND MUNICIPAL PLANS.
141	141	Development regulations must be:
142	142	(1) adopted in accordance with any county plan for
143	143	growth and development of the county if a county plan has been
144	144	adopted by the commissioners court; and
145	145	(2) coordinated with the comprehensive plans of
146	146	municipalities located in the county.
147	147	Sec. 231.287. DISTRICTS. (a) The commissioners court may
148	148	divide the unincorporated area of the county into districts of a
149	149	number, shape, and size the commissioners court considers best for
150	150	exercising the authority granted by this subchapter.
151	151	(b) Development regulations may vary from district to
152	152	district.
153	153	Sec. 231.288. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
154	154	AND DISTRICT BOUNDARIES. (a) A development regulation adopted
155	155	under this subchapter is not effective until the regulation is
156	156	adopted by the commissioners court after a public hearing. Before
157	157	the 15th day before the date of the hearing, the commissioners court
158	158	must publish notice of the hearing in a newspaper of general
159	159	circulation in the county.
160	160	(b) The commissioners court may establish or amend a
161	161	development regulation only by an order passed by a majority vote of
162	162	the full membership of the commissioners court.
163	163	Sec. 231.289. DEVELOPMENT COMMISSION. (a) The
164	164	commissioners court may appoint a development commission to assist
165	165	in the implementation and enforcement of development regulations
166	166	adopted under this subchapter.
167	167	(b) The development commission is advisory only and may
168	168	recommend appropriate development regulations for the county.
169	169	(c) The members of the development commission are subject to
170	170	the same requirements relating to conflicts of interest that are
171	171	applicable to the commissioners court under Chapter 171.
172	172	Sec. 231.290. SPECIAL EXCEPTION. (a) A person aggrieved by
173	173	a development regulation adopted under this subchapter may petition
174	174	the commissioners court or the development commission, if the
175	175	commissioners court has established a development commission, for a
176	176	special exception to the development regulation.
177	177	(b) The commissioners court shall adopt procedures
178	178	governing applications, notice, hearings, and other matters
179	179	relating to the grant of a special exception.
180	180	Sec. 231.291. ENFORCEMENT; PENALTY. (a) The commissioners
181	181	court may adopt orders to enforce this subchapter or an order or
182	182	development regulation adopted under this subchapter.
183	183	(b) A person commits an offense if the person violates this
184	184	subchapter or an order or development regulation adopted under this
185	185	subchapter. An offense under this subsection is a misdemeanor
186	186	punishable by a fine of not less than $500 or more than $1,000. Each
187	187	day that a violation occurs constitutes a separate offense.
188	188	Sec. 231.292. COOPERATION WITH MUNICIPALITIES. The
189	189	commissioners court by order may enter into agreements with any
190	190	municipality located in the county to assist in the implementation
191	191	and enforcement of development regulations adopted under this
192	192	subchapter.
193	193	Sec. 231.293. CONFLICT WITH OTHER LAWS. If a development
194	194	regulation adopted under this subchapter imposes higher standards
195	195	than those required under another statute or local order or
196	196	regulation, the regulation adopted under this subchapter controls
197	197	in the area subject to regulation. If the other statute or local
198	198	order or regulation imposes higher standards, that statute, order,
199	199	or regulation controls.
200	200	Sec. 231.294. INFRASTRUCTURE COST RECOVERY FEE. (a)
201	201	Travis County may impose an infrastructure cost recovery fee to
202	202	provide necessary infrastructure to serve new development in the
203	203	unincorporated area of the county as provided by this section and
204	204	Sections 231.295 and 231.296.
205	205	(b) The county may impose the fee only to pay for or recover
206	206	the costs of constructing, acquiring, or expanding infrastructure
207	207	necessary to serve new development. The fee may not be:
208	208	(1) applied to infrastructure improvements that do not
209	209	serve the new development; or
210	210	(2) imposed to pay for:
211	211	(A) repairing, operating, or maintaining
212	212	existing or new infrastructure improvements; or
213	213	(B) upgrading, replacing, or expanding existing
214	214	development to meet stricter safety, efficiency, environmental, or
215	215	regulatory standards.
216	216	(c) Before the county may impose the fee to recover costs of
217	217	roadway improvements, an infrastructure development plan must be
218	218	prepared.
219	219	(d) Any interest earned on the fee is considered part of the
220	220	fee and is subject to the same restrictions under this section.
221	221	(e) The county may assess the fee before or at the time a
222	222	subdivision plat is recorded. The fee may be collected at the time
223	223	the county issues a building permit or a certificate of occupancy,
224	224	unless the county and the owner of the development enter into an
225	225	agreed payment plan.
226	226	(f) The county may reduce or waive the assessment of the fee
227	227	if the new development qualifies as affordable housing under 42
228	228	U.S.C. Section 12745.
229	229	(g) After the fee has been assessed, the fee may not be
230	230	increased unless additional service units are added. If additional
231	231	service units are added, the fee may be assessed only at the cost
232	232	per service unit originally imposed.
233	233	(h) The infrastructure improvement for which the fee is
234	234	imposed must be completed not later than the 10th anniversary of the
235	235	date the fee is paid. The time prescribed for completion may be
236	236	extended by a majority vote of the commissioners court if the
237	237	commissioners court makes a finding that the infrastructure
238	238	improvement is exceptionally complicated or intensive and
239	239	reasonably requires additional time. Any portion of the fee that
240	240	remains after the time prescribed expires shall be refunded to the
241	241	owner of the development.
242	242	Sec. 231.295. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST
243	243	RECOVERY FEES GENERALLY. (a) The Commissioners Court of Travis
244	244	County shall hold a public hearing to consider the infrastructure
245	245	improvements and the infrastructure cost recovery fee. On or
246	246	before the date the notice of hearing is published, the
247	247	commissioners court shall make available to the public a
248	248	description of any proposed infrastructure improvements and a
249	249	description of any proposed fee.
250	250	(b) On or before the 30th day before the date of the hearing,
251	251	the commissioners court shall publish notice of the hearing in one
252	252	or more newspapers of general circulation in the county.
253	253	(c) The notice under Subsection (b) shall include:
254	254	(1) a relevant heading;
255	255	(2) the time, date, and location for the hearing;
256	256	(3) a statement that the hearing is open to public
257	257	comment; and
258	258	(4) a general statement of the subject matter of the
259	259	hearing.
260	260	(d) Not later than the 30th day after the date of the public
261	261	hearing, the commissioners court by order shall adopt or reject the
262	262	proposed assessment of the fee. An order approving the assessment
263	263	of the fee may not be adopted as an emergency measure.
264	264	Sec. 231.296. CERTIFICATION OF COMPLIANCE REQUIRED. (a)
265	265	If Travis County imposes an infrastructure improvement cost
266	266	recovery fee, the county shall submit a written certification
267	267	verifying compliance with this subchapter to the attorney general
268	268	each year not later than the last day of the county's fiscal year.
269	269	The certification must be signed by the county judge.
270	270	(b) If the county fails to submit a certification for a
271	271	fiscal year as required by this section, the county is liable to the
272	272	state for a civil penalty in an amount equal to 10 percent of the
273	273	amount of the fee assessed in that fiscal year. A penalty collected
274	274	under this subsection shall be deposited to the credit of the
275	275	housing trust fund.
276	276	SECTION 3. This Act takes effect September 1, 2009.