87R6381 MP-D
By: Reynolds H.B. No. 1719
A BILL TO BE ENTITLED
AN ACT
relating to development regulations in Fort Bend County near the
Brazos River; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. ZONING AROUND THE BRAZOS RIVER IN FORT BEND COUNTY
Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds the Brazos River in Fort
Bend County:
(A) is frequented for recreational purposes by
residents from every part of the state; and
(B) is critical for the bays and estuaries in the
Gulf of Mexico;
(2) orderly development and use of the area is of
concern to the entire state; and
(3) buildings in the area that are frequented for
resort or recreational purposes tend to become congested and tend
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.
(b) The powers granted under this subchapter are for the
purpose of:
(1) promoting the public health, safety, peace,
morals, and general welfare;
(2) encouraging tourism and recreation; and
(3) safeguarding and preventing the pollution of the
state's water resources.
Sec. 231.302. AREAS SUBJECT TO REGULATION. This subchapter
applies only to the unincorporated areas of Fort Bend County within
500 feet of the Brazos River.
Sec. 231.303. DEVELOPMENT REGULATIONS GENERALLY. The
commissioners court of Fort Bend County may regulate:
(1) the percentage of a lot that may be occupied or
developed;
(2) population density;
(3) the size and location of buildings; and
(4) the location, design, construction, extension,
and size of streets and roads.
Sec. 231.304. RELATIONSHIP TO COUNTY AND MUNICIPAL PLANS.
Development regulations must be:
(1) adopted in accordance with a county plan for
growth and development of the county; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 231.305. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into districts of a
number, shape, and size the court considers best for carrying out
this subchapter.
(b) Development regulations may vary from district to
district.
Sec. 231.306. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A development regulation adopted
under this subchapter is not effective until it 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.
(b) The commissioners court may establish or amend a
development regulation only by an order passed by a majority vote of
the full membership of the court.
Sec. 231.307. DEVELOPMENT COMMISSION. (a) The
commissioners court may appoint a development commission to assist
in the implementation and enforcement of development regulations
adopted under this subchapter.
(b) The development commission must consist of an ex officio
chair who must be a public official in Fort Bend County and four
additional members.
(c) The development commission is advisory only and may
recommend appropriate development regulations for the county.
(d) The members of the development commission are subject to
the same requirements relating to conflicts of interest that are
applicable to the commissioners court under Chapter 171.
Sec. 231.308. SPECIAL EXCEPTION. (a) A person aggrieved by
a regulation adopted under this subchapter may petition the
commissioners court for a special exception to the regulation.
(b) The commissioners court may grant a special exception to
the regulation if the person who petitioned under Subsection (a)
demonstrates that the requested exception 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. 231.309. ENFORCEMENT; CRIMINAL PENALTY. (a) The
commissioners court may adopt orders to enforce this subchapter or
an order or regulation adopted under this subchapter.
(b) A person commits an offense if the person violates an
order or regulation adopted under this subchapter. 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.
Sec. 231.310. 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 development regulations adopted under this
subchapter.
Sec. 231.311. CONFLICT WITH OTHER LAWS. If a development
regulation adopted under this subchapter imposes higher standards
than those required under another statute or local order or
regulation, the regulation adopted under this subchapter 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 September 1, 2021.