Texas 2009 - 81st Regular

Texas Senate Bill SB578 Compare Versions

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

Old	New	Differences
1	1	81R4219 ATP-D
2	2	By: Wentworth S.B. No. 578
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a county to regulate land development
8	8	after a local option election.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 232, Local Government Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. REGULATION OF LAND DEVELOPMENT
13	13	Sec. 232.151. DEFINITIONS. In this subchapter:
14	14	(1) "Agricultural use" means use or activity involving
15	15	agriculture.
16	16	(2) "Agriculture" means:
17	17	(A) cultivating the soil to produce crops for
18	18	human food, animal feed, seed for planting, or the production of
19	19	fibers;
20	20	(B) practicing floriculture, viticulture,
21	21	silviculture, or horticulture;
22	22	(C) raising, feeding, or keeping animals for
23	23	breeding purposes or for the production of food, fiber, leather,
24	24	pelts, or other tangible products having commercial value;
25	25	(D) planting cover crops, including cover crops
26	26	cultivated for transplantation, or leaving land idle for the
27	27	purpose of participating in a governmental program or normal crop
28	28	or livestock rotation procedure; or
29	29	(E) wildlife management.
30	30	Sec. 232.152. SCOPE OF REGULATORY AUTHORITY. (a) The
31	31	commissioners court of a county that is granted authority in
32	32	accordance with this subchapter may regulate, by order, land
33	33	development in the unincorporated area of the county by:
34	34	(1) requiring a limited fire suppression system that
35	35	requires a developer to construct:
36	36	(A) for a subdivision of fewer than 50 houses,
37	37	2,500 gallons of storage; or
38	38	(B) for a subdivision of 50 or more houses, 2,500
39	39	gallons of storage with a centralized water system or 5,000 gallons
40	40	of storage;
41	41	(2) requiring a buffer zone between the land used for a
42	42	purpose specified by this subdivision and residential areas as
43	43	follows:
44	44	(A) at least 1,000 feet for heavy industrial or
45	45	quarry use;
46	46	(B) at least 750 feet for light industrial use;
47	47	and
48	48	(C) at least 500 feet for commercial or other
49	49	business use; or
50	50	(3) requiring a developer, before the county approves
51	51	a plat filed by the developer, to:
52	52	(A) contract with an engineer licensed under
53	53	Chapter 1001, Occupations Code, and specializing in civil
54	54	engineering to determine the off-site roadway needs of the
55	55	subdivision or other development and the costs of providing the
56	56	necessary off-site roadway improvements attributable to the
57	57	subdivision or other development; and
58	58	(B) provide for the necessary off-site roadway
59	59	improvements attributable to the subdivision or other development,
60	60	as determined by the engineer under Paragraph (A).
61	61	(b) Any contribution from a developer required to be
62	62	provided for necessary off-site roadway improvements must be
63	63	limited to the developer's portion of the costs required for the
64	64	off-site roadway improvements that are roughly proportionate to the
65	65	attributable increased off-site roadway needs of the county as a
66	66	result of the proposed development, as determined by the engineer
67	67	under Subsection (a)(3)(A).
68	68	(c) Subsection (a)(2) does not authorize a county to adopt
69	69	zoning regulations.
70	70	(d) A county regulation under this subchapter does not apply
71	71	to land used for an activity described by Section 81.051, Natural
72	72	Resources Code, or to an interstate gas pipeline facility as
73	73	defined by 49 U.S.C. Section 60101.
74	74	(e) A county regulation under this subchapter, other than a
75	75	regulation requiring a buffer zone under Subsection (a)(2), does
76	76	not apply to a tract of land used for a single-family residence that
77	77	is located outside the boundaries of a platted subdivision.
78	78	(f) A county regulation under this subchapter does not apply
79	79	to:
80	80	(1) a platted residential subdivision in existence on
81	81	the date the regulation takes effect;
82	82	(2) a tract of land devoted to agricultural use; or
83	83	(3) an activity or a structure or appurtenance on a
84	84	tract of land devoted to agricultural use.
85	85	Sec. 232.153. ELECTION TO GRANT REGULATORY AUTHORITY. The
86	86	commissioners court of a county may order and hold an election in
87	87	the county on the question of granting the commissioners court the
88	88	authority to regulate land development in the unincorporated area
89	89	of the county.
90	90	Sec. 232.154. BALLOT PROPOSITION. For an election under
91	91	this subchapter, the ballot shall be prepared to permit voting for
92	92	or against the proposition: "Granting (name of county) the
93	93	authority to regulate land development in the unincorporated area
94	94	of the county."
95	95	Sec. 232.155. EFFECT OF ELECTION. If a majority of the
96	96	votes received on the question at the election approve the grant of
97	97	authority, the commissioners court of the county may adopt a
98	98	regulation under this subchapter.
99	99	SECTION 2. The heading to Chapter 232, Local Government
100	100	Code, is amended to read as follows:
101	101	CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY
102	102	DEVELOPMENT
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2009.