82R590 ATP-F
By: Wentworth S.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate land development
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 DEVELOPMENT
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
development in the unincorporated area of the county by:
(1) requiring a limited fire suppression system that
requires a developer to construct:
(A) for a subdivision of fewer than 50 houses,
2,500 gallons of storage; or
(B) for a subdivision of 50 or more houses, 2,500
gallons of storage with a centralized water system or 5,000 gallons
of storage;
(2) requiring a buffer zone between the land used for a
purpose specified by this subdivision and residential areas as
follows:
(A) at least 1,000 feet for heavy industrial or
quarry use;
(B) at least 750 feet for light industrial use;
and
(C) at least 500 feet for commercial or other
business use; or
(3) requiring a developer, before the county approves
a plat filed by the developer, to:
(A) contract with an engineer licensed under
Chapter 1001, Occupations Code, and specializing in civil
engineering to determine the off-site roadway needs of the
subdivision or other development and the costs of providing the
necessary off-site roadway improvements attributable to the
subdivision or other development; and
(B) provide for the necessary off-site roadway
improvements attributable to the subdivision or other development,
as determined by the engineer under Paragraph (A).
(b) Any contribution from a developer required to be
provided for necessary off-site roadway improvements must be
limited to the developer's portion of the costs required for the
off-site roadway improvements that are roughly proportionate to the
attributable increased off-site roadway needs of the county as a
result of the proposed development, as determined by the engineer
under Subsection (a)(3)(A).
(c) Subsection (a)(2) does not authorize a county to adopt
zoning regulations.
(d) A county regulation under this subchapter does not apply
to land used for an activity described by Section 81.051, Natural
Resources Code, or to an interstate gas pipeline facility as
defined by 49 U.S.C. Section 60101.
(e) A county regulation under this subchapter, other than a
regulation requiring a buffer zone under Subsection (a)(2), does
not apply to a tract of land used for a single-family residence that
is located outside the boundaries of a platted subdivision.
(f) A county regulation under this subchapter does not apply
to:
(1) a platted residential subdivision in existence on
the date the regulation takes effect;
(2) a tract of land devoted to agricultural use; or
(3) 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 development 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 development 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.