82R3669 NC-F
By: Rodriguez H.B. No. 662
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties to adopt buffer zone
regulations and comprehensive land development plans; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Local Government Code, is
amended by adding Chapter 231A to read as follows:
CHAPTER 231A. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES
Sec. 231A.001. PURPOSE. The powers granted under this
chapter are for the purpose of promoting the public health, safety,
or general welfare.
Sec. 231A.002. APPLICABILITY. This chapter applies only to
a county with a population of more than one million in which a
national wildlife refuge is wholly or partly located.
Sec. 231A.003. DEFINITIONS. In this chapter:
(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, with the
exception of feedlots;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in a government program or normal crop or
livestock rotation procedure; or
(E) engaging in wildlife management.
(3) "Buffer zone" means the distance between a
structure, device, item, equipment, or enclosure used for an
activity at the site of an industry and the nearest property
boundary of a land use described by Section 231A.004(a).
(4) "Industry" means use or activity involving:
(A) manufacturing;
(B) light or heavy industry;
(C) transportation facilities, including
trucking depots, marinas, or airports;
(D) resource extraction, including mining or
construction materials processing; or
(E) warehousing.
Sec. 231A.004. BUFFER ZONE REGULATION. (a) Except as
provided by Subsection (c), the commissioners court of a county may
adopt a regulation under this chapter to require a buffer zone
between an industry and a residential area, hospital, elder-care
facility, school, day-care facility, church, or similar land use
that the commissioners court finds to be incompatible with the
industry.
(b) A buffer zone adopted under this chapter must be:
(1) reasonably necessary to protect public health,
safety, or general welfare; and
(2) related and in proportion to the impact the
industry has on public health, safety, or general welfare.
(c) A commissioners court may not regulate under this
chapter:
(1) a tract of land devoted to agricultural use;
(2) an activity or a structure or appurtenance on a
tract of land devoted to agricultural use;
(3) 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; or
(4) an interstate gas pipeline facility as defined by
49 U.S.C. Section 60101.
Sec. 231A.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN.
A buffer zone regulation adopted under this chapter must be:
(1) adopted in accordance with a county comprehensive
plan adopted under Section 231A.007; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 231A.006. PROCEDURE GOVERNING ADOPTION OF
REGULATIONS. (a) The commissioners court shall establish a
technical advisory committee to develop and recommend buffer zone
regulations to the court. The commissioners court shall appoint
the members of the committee. The committee must include industry
representatives.
(b) A buffer zone regulation under this chapter 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.
(c) The commissioners court may establish or amend a buffer
zone regulation only by an order passed by a majority vote of the
full membership of the court.
Sec. 231A.007. COMPREHENSIVE PLAN. (a) The commissioners
court may adopt a comprehensive plan for land development in the
unincorporated area of the county.
(b) The comprehensive plan must be designed to:
(1) lessen congestion in the streets;
(2) secure safety from fire, panic, and other dangers;
(3) promote health and the general welfare;
(4) provide adequate light and air; or
(5) facilitate the adequate provision of
transportation, water, sewers, schools, parks, and other public
requirements.
(c) A comprehensive plan must be consistent with the
comprehensive plans of municipalities located in the county.
Sec. 231A.008. INCENTIVES. The commissioners court may
provide incentives to a person who develops land in the
unincorporated area of the county in compliance with the county
comprehensive plan adopted under Section 231A.007.
Sec. 231A.009. SPECIAL EXCEPTION. (a) A person aggrieved
by a buffer zone regulation adopted under this chapter may petition
the commissioners court for a special exception to the regulation
adopted by the commissioners court.
(b) The commissioners court may grant a special exception
that allows for the reduction or elimination of a buffer zone if the
person subject to the buffer zone requirement can demonstrate that
the reduction or elimination of the buffer zone adequately protects
the public health, safety, or general welfare.
(c) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231A.010. ENFORCEMENT; PENALTY. (a) The
commissioners court may adopt orders to enforce this chapter or an
order or buffer zone regulation adopted under this chapter.
(b) A person commits an offense if the person violates an
order or regulation adopted under this chapter. 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. Trial shall be in the district
court.
Sec. 231A.011. 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 buffer zone regulations adopted under this
chapter.
Sec. 231A.012. EXISTING AUTHORITY UNAFFECTED. The
authority granted by this chapter does not affect the authority of
the commissioners court to adopt an order to regulate land
development under other law.
Sec. 231A.013. CONFLICT WITH OTHER LAWS. If a buffer zone
regulation adopted under this chapter imposes higher standards than
those required under another statute or local order or regulation,
the regulation adopted under this chapter controls. If the other
statute or local order or regulation imposes higher standards, that
statute, order, or regulation controls.
SECTION 2. 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.