81R16170 PAM-D
By: Wentworth S.B. No. 2452
A BILL TO BE ENTITLED
AN ACT
relating to granting Travis County authority to regulate certain
land use and impose certain development fees; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 231, Local Government
Code, is amended to read as follows:
CHAPTER 231. SPECIFIC COUNTY LAND USE PLANNING
[ZONING] AUTHORITY
SECTION 2. Chapter 231, Local Government Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. DEVELOPMENT REGULATIONS IN TRAVIS COUNTY
Sec. 231.281. DEFINITIONS. In this subchapter:
(1) "Infrastructure" means any of the following
facilities:
(A) storm water, drainage, and flood control
facilities; or
(B) roadway facilities.
(2) "Infrastructure cost recovery fee" means a fee
imposed by the county on the owner of new development to pay for or
recover costs of infrastructure improvements necessitated by and
attributable to the new development. The fee is assessed on a cost
per service unit basis.
(3) "New development" means any of the following
activities that increase the number of service units:
(A) the subdivision of land;
(B) the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or
enlargement of any structure; or
(C) any use or extension of the use of land.
(4) "Service unit" means a standardized measure of
consumption, use, generation, or discharge attributable to an
individual unit of development calculated in accordance with
generally accepted engineering or planning standards and based on
historical data and trends for the preceding 10 years applicable to
the county in which the individual unit of development is located.
Sec. 231.282. LEGISLATIVE FINDINGS AND PURPOSE. (a) The
legislature finds that:
(1) the natural areas of Travis County, including the
areas surrounding Lake Travis and the Pedernales and Colorado
Rivers, and the numerous small lakes, tributaries, and creeks in
Travis County:
(A) are or will be frequented for recreational
and tourism purposes by residents from every part of the state; and
(B) are critical to the bays and estuaries in the
Gulf of Mexico;
(2) orderly development of Travis County is of concern
to the entire state; and
(3) without adequate development regulations, Travis
County will be developed in ways that endanger and interfere with
the proper use of that area as a place of tourism and recreation to
the detriment of the public health, safety, peace, morals, and
general welfare.
(b) The powers granted under this subchapter are for the
purpose of:
(1) promoting the public health, safety, peace,
morals, and general welfare;
(2) encouraging tourism and recreation; and
(3) safeguarding and preventing the pollution of the
state's aquifers, rivers, and lakes.
Sec. 231.283. AREAS SUBJECT TO REGULATION. This subchapter
applies only to the unincorporated areas of Travis County.
Sec. 231.284. DEVELOPMENT REGULATIONS GENERALLY. (a) The
Commissioners Court of Travis County by order may adopt land
development regulations to promote the health, safety, peace,
morals, or general welfare of the county and provide for the safe,
orderly, and healthful development in the unincorporated area of
the county, including regulations to establish:
(1) density of development as determined by minimum or
average lot size within a designated area;
(2) reasonable building and set-back lines on all
sides of any building or property used for business, industrial,
residential, or other purposes; and
(3) an infrastructure cost recovery fee, as described
by Section 231.294.
(b) A determination of the reasonableness of a set-back line
under Subsection (a)(2) may include consideration of an
incompatible land use.
(c) Unless otherwise authorized by state law, the
commissioners court may not regulate under this subchapter the use
of any building or property for business, industrial, residential,
or other purpose.
Sec. 231.285. ELECTION TO APPROVE REGULATORY AUTHORITY
REQUIRED. (a) Regulatory authority granted under Section 231.284
is not effective until it is approved by a majority of the county
residents voting in an election held under this section.
(b) County residents voting in an election held under this
section:
(1) may approve regulatory authority granted under
Section 231.284 in its entirety; or
(2) may approve specific regulatory authority granted
under Section 231.284 without approving other specific regulatory
authority granted under Section 231.284.
(c) The commissioners court:
(1) may, on its own motion, order and hold an election
in the county to approve a grant of authority under Section 231.284;
and
(2) shall order and hold an election in the county to
approve a grant of authority under Section 231.284 if the
commissioners court receives a petition requesting the election
signed by registered voters of the county in a number equal to 10
percent of the number of votes received by all candidates for
governor in the county in the most recent gubernatorial election.
(d) Notwithstanding Section 277.002, Election Code:
(1) a petition must include each signer's zip code with
the signer's residence address; and
(2) a signature is not considered valid if the date of
signing is before the 90th day before the date the petition is
submitted to the commissioners court.
(e) Not later than the fifth day after the date a petition is
received by the commissioners court, the county judge shall submit
the petition for verification to the county clerk. The county clerk
shall determine whether the petition meets the requirements
prescribed by this section and Section 277.002, Election Code. Not
later than the 30th day after the date the petition is submitted to
the county clerk for verification, the county clerk shall certify
in writing to the commissioners court whether the petition is
valid. If the county clerk determines that the petition is invalid,
the county clerk shall state the reasons for that determination.
(f) If the county clerk certifies that a petition is valid,
the commissioners court shall order the election to be held on the
first November uniform election date authorized by Section 41.001,
Election Code, that occurs on or after the 70th day after the date
the court receives the county clerk's certification.
(g) For an election under this section, the ballot shall be
prepared to permit voting for or against the proposition:
"Approving the authority granted to the Commissioners Court of
Travis County to regulate land development in the unincorporated
area of the county by (insert description of general authority or
specific regulation, as applicable)." As applicable, the ballot
shall be prepared to permit voting for or against separate
propositions as provided by Subsection (b)(2).
(h) The approval authority granted under this section
includes the authority to repeal, revise, or amend a previous
decision to operate under this subchapter.
Sec. 231.286. COMPLIANCE WITH COUNTY AND MUNICIPAL PLANS.
Development regulations must be:
(1) adopted in accordance with any county plan for
growth and development of the county if a county plan has been
adopted by the commissioners court; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 231.287. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into districts of a
number, shape, and size the commissioners court considers best for
exercising the authority granted by this subchapter.
(b) Development regulations may vary from district to
district.
Sec. 231.288. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A development regulation adopted
under this subchapter is not effective until the regulation 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 commissioners court.
Sec. 231.289. 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 is advisory only and may
recommend appropriate development regulations for the county.
(c) 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. 231.290. 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 the development regulation.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231.291. 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.
Sec. 231.292. 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. 231.293. 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
in the area subject to regulation. If the other statute or local
order or regulation imposes higher standards, that statute, order,
or regulation controls.
Sec. 231.294. INFRASTRUCTURE COST RECOVERY FEE. (a)
Travis County may impose an infrastructure cost recovery fee to
provide necessary infrastructure to serve new development in the
unincorporated area of the county as provided by this section and
Sections 231.295 and 231.296.
(b) The county may impose the fee only to pay for or recover
the costs of constructing, acquiring, or expanding infrastructure
necessary to serve new development. The fee may not be:
(1) applied to infrastructure improvements that do not
serve the new development; or
(2) imposed to pay for:
(A) repairing, operating, or maintaining
existing or new infrastructure improvements; or
(B) upgrading, replacing, or expanding existing
development to meet stricter safety, efficiency, environmental, or
regulatory standards.
(c) Before the county may impose the fee to recover costs of
roadway improvements, an infrastructure development plan must be
prepared.
(d) Any interest earned on the fee is considered part of the
fee and is subject to the same restrictions under this section.
(e) The county may assess the fee before or at the time a
subdivision plat is recorded. The fee may be collected at the time
the county issues a building permit or a certificate of occupancy,
unless the county and the owner of the development enter into an
agreed payment plan.
(f) The county may reduce or waive the assessment of the fee
if the new development qualifies as affordable housing under 42
U.S.C. Section 12745.
(g) After the fee has been assessed, the fee may not be
increased unless additional service units are added. If additional
service units are added, the fee may be assessed only at the cost
per service unit originally imposed.
(h) The infrastructure improvement for which the fee is
imposed must be completed not later than the 10th anniversary of the
date the fee is paid. The time prescribed for completion may be
extended by a majority vote of the commissioners court if the
commissioners court makes a finding that the infrastructure
improvement is exceptionally complicated or intensive and
reasonably requires additional time. Any portion of the fee that
remains after the time prescribed expires shall be refunded to the
owner of the development.
Sec. 231.295. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST
RECOVERY FEES GENERALLY. (a) The Commissioners Court of Travis
County shall hold a public hearing to consider the infrastructure
improvements and the infrastructure cost recovery fee. On or
before the date the notice of hearing is published, the
commissioners court shall make available to the public a
description of any proposed infrastructure improvements and a
description of any proposed fee.
(b) On or before the 30th day before the date of the hearing,
the commissioners court shall publish notice of the hearing in one
or more newspapers of general circulation in the county.
(c) The notice under Subsection (b) shall include:
(1) a relevant heading;
(2) the time, date, and location for the hearing;
(3) a statement that the hearing is open to public
comment; and
(4) a general statement of the subject matter of the
hearing.
(d) Not later than the 30th day after the date of the public
hearing, the commissioners court by order shall adopt or reject the
proposed assessment of the fee. An order approving the assessment
of the fee may not be adopted as an emergency measure.
Sec. 231.296. CERTIFICATION OF COMPLIANCE REQUIRED. (a)
If Travis County imposes an infrastructure improvement cost
recovery fee, the county shall submit a written certification
verifying compliance with this subchapter to the attorney general
each year not later than the last day of the county's fiscal year.
The certification must be signed by the county judge.
(b) If the county fails to submit a certification for a
fiscal year as required by this section, the county is liable to the
state for a civil penalty in an amount equal to 10 percent of the
amount of the fee assessed in that fiscal year. A penalty collected
under this subsection shall be deposited to the credit of the
housing trust fund.
SECTION 3. This Act takes effect September 1, 2009.