82R2260 NC-D
By: Cook H.B. No. 317
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate land use after a
local option election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 232, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. REGULATION OF LAND USE
Sec. 232.151. DEFINITIONS. In this subchapter:
(1) "Agricultural use" means use or activity involving
agriculture.
(2) "Agriculture" means:
(A) cultivating the soil to produce crops for
human food, animal feed, seed for planting, or the production of
fibers;
(B) practicing floriculture, viticulture,
silviculture, or horticulture;
(C) raising, feeding, or keeping animals for
breeding purposes or for the production of food, fiber, leather,
pelts, or other tangible products having commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in a governmental program or normal crop
or livestock rotation procedure; or
(E) engaging in wildlife management.
Sec. 232.152. SCOPE OF REGULATORY AUTHORITY. (a) The
commissioners court of a county that is granted authority in
accordance with this subchapter may regulate, by order, land use in
the unincorporated area of the county by requiring a buffer zone
between the land used for a purpose specified by this subsection and
residential areas as follows:
(1) at least 1,000 feet for heavy industrial or quarry
use;
(2) at least 750 feet for light industrial use; and
(3) at least 500 feet for commercial or other business
use.
(b) This section does not authorize a county to adopt zoning
regulations.
(c) A county regulation under this subchapter does not apply
to:
(1) land used for:
(A) operating a pipeline, including a common
carrier pipeline as defined by Section 111.002, Natural Resources
Code, over which the Railroad Commission of Texas has jurisdiction;
or
(B) drilling or operating an oil or gas well;
(2) an interstate gas pipeline facility as defined by
49 U.S.C. Section 60101;
(3) a platted residential subdivision in existence on
the date the regulation takes effect;
(4) a tract of land devoted to agricultural use; or
(5) an activity or a structure or appurtenance on a
tract of land devoted to agricultural use.
Sec. 232.153. ELECTION TO GRANT REGULATORY AUTHORITY. The
commissioners court of a county may order and hold an election in
the county on the question of granting the commissioners court the
authority to regulate land use in the unincorporated area of the
county.
Sec. 232.154. BALLOT PROPOSITION. For an election under
this subchapter, the ballot shall be prepared to permit voting for
or against the proposition: "Granting (name of county) the
authority to regulate land use in the unincorporated area of the
county."
Sec. 232.155. EFFECT OF ELECTION. If a majority of the
votes received on the question at the election approve the grant of
authority, the commissioners court of the county may adopt a
regulation under this subchapter.
SECTION 2. The heading to Chapter 232, Local Government
Code, is amended to read as follows:
CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY
DEVELOPMENT
SECTION 3. 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, 2011.