Texas 2011 82nd Regular

Texas House Bill HB935 Introduced / Bill

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                    82R6392 PAM-F
 By: Phillips H.B. No. 935


 A BILL TO BE ENTITLED
 AN ACT
 relating to the protection of water quality in certain bodies of
 water.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Subchapter G, Chapter 231, Local
 Government Code, is amended to read as follows:
 SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE
 RALPH HALL, [AND] POST LAKE, AND LOWER BOIS D'ARC CREEK RESERVOIR
 SECTION 2.  Section 231.131(a), Local Government Code, is
 amended to read as follows:
 (a)  The legislature finds that:
 (1)  the areas that surround Lake Alan Henry, Lake
 Cooper, Lake Ralph Hall, [and] Post Lake, and Lower Bois D'Arc Creek
 Reservoir are or will be frequented for recreational purposes by
 residents from every part of the state;
 (2)  development in the area, including the
 construction of on-site water treatment systems or other sources of
 contamination, may impact the water quality in the lakes and the
 reservoir;
 (3) [(2)]  orderly development and use of the area is
 of concern to the entire state; and
 (4) [(3)]  buildings in the area that will be
 frequented for resort or recreational purposes will tend to become
 congested and to be used in ways that interfere with the proper use
 of the area as a place of recreation to the detriment of the public
 health, safety, morals, and general welfare.
 SECTION 3.  Sections 231.132(a) and (b), Local Government
 Code, are amended to read as follows:
 (a)  This subchapter applies to:
 (1)  those parts of Garza County located within three
 miles of the high water marks established for Lake Alan Henry and
 Post Lake except land located in Garza County and owned by the White
 River Municipal Water District;
 (2)  those parts of Kent County located within three
 miles of the high water marks established for Lake Alan Henry;
 (3)  the area within 10,000 feet of where the shoreline
 of Lake Cooper would be if the lake were filled to its storage
 capacity; [and]
 (4)  the area within 5,000 feet of where the shoreline
 of Lake Ralph Hall would be if the lake were filled to its storage
 capacity; and
 (5)  the area within 5,000 feet of where the shoreline
 of the Lower Bois D'Arc Creek Reservoir would be if the reservoir
 were filled to its storage capacity.
 (b)  The areas described by Subsection (a) are subject to
 regulation under this subchapter regardless of whether the
 construction of an affected lake or reservoir is complete.
 SECTION 4.  Section 231.132(c), Local Government Code, is
 repealed.
 SECTION 5.  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.