Texas 2021 - 87th Regular

Texas House Bill HB3883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R14159 TYPED
2	2	By: Biedermann H.B. No. 3883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to development regulations for certain unincorporated
8	8	areas located within the Hill Country Priority Groundwater
9	9	Management Area; authorizing a fee; authorizing a civil penalty;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 231, Local Government Code, is amended
13	13	by adding Subchapter N to read as follows:
14	14	SUBCHAPTER N. DEVELOPMENT REGULATIONS IN COUNTIES LOCATED WITHIN
15	15	HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA 9
16	16	Sec. 231.301. DEFINITIONS. In this subchapter:
17	17	(1) "Hill Country Priority Groundwater Management
18	18	Area" means the area that the Texas Commission on Environmental
19	19	Quality designated as the Hill Country Priority Groundwater
20	20	Management Area under Section 35.008, Water Code, as that area
21	21	existed on January 1, 2021.
22	22	(2) "Infrastructure" includes facilities for:
23	23	(A) water supply, treatment, and distribution;
24	24	(B) wastewater collection and treatment;
25	25	(C) stormwater, drainage, and flood control; and
26	26	(D) roadways.
27	27	(3) "Infrastructure cost recovery fee" means a fee
28	28	imposed by a county on the owner of property undergoing new
29	29	development to pay for or recover costs of the county for
30	30	improvements to infrastructure necessary to serve new development.
31	31	(4) "New development" means an activity that increases
32	32	the number of service units on property, including:
33	33	(A) the subdivision of land; or
34	34	(B) any use or extension of the use of land.
35	35	(5) "Service unit" means a standardized measure of
36	36	consumption, use, generation, or discharge attributable to an
37	37	individual unit of development calculated in accordance with
38	38	generally accepted engineering or planning standards and based on
39	39	historical data and trends for the preceding 10 years applicable to
40	40	the county in which the individual unit of development is located.
41	41	Sec. 231.302. LAND DEVELOPMENT REGULATIONS IN
42	42	UNINCORPORATED AREA. The commissioners court of a county that has
43	43	unincorporated area located in the Hill Country Priority
44	44	Groundwater Management Area by order may adopt and impose in that
45	45	unincorporated area:
46	46	(1) reasonable lot size restrictions;
47	47	(2) requirements that the supplier of water to a
48	48	proposed subdivision be contractually obligated to provide a
49	49	sufficient supply of water to adequately serve the residents of the
50	50	proposed subdivision during normal and drought conditions;
51	51	(3) an infrastructure cost recovery fee; and
52	52	(4) reasonable standards for minimum lot frontages on
53	53	all proposed and existing roads.
54	54	Sec. 231.303. ELECTION TO APPROVE REGULATORY AUTHORITY
55	55	REQUIRED. (a) Regulatory authority granted under Section 231.302
56	56	is not effective until the authority is approved by a majority of
57	57	the county residents voting in an election held under this section.
58	58	(b) County residents voting in an election held under this
59	59	section:
60	60	(1) may approve of the entire regulatory authority
61	61	granted under Section 231.302; or
62	62	(2) may approve specific regulatory authority granted
63	63	under Section 231.302 without approving other specific regulatory
64	64	authority granted under that section.
65	65	(c) The commissioners court of a county located in the Hill
66	66	Country Priority Groundwater Management Area:
67	67	(1) shall order and hold an election in the county to
68	68	approve the grant of regulatory authority if the commissioners
69	69	court receives a petition requesting the election signed by
70	70	registered voters of the county in a number equal to or greater than
71	71	20 percent of the number of votes received by all candidates for
72	72	governor in the county in the most recent gubernatorial election.
73	73	(d) Notwithstanding Section 277.002, Election Code:
74	74	(1) a petition must include each signer's zip code with
75	75	the signer's residence address; and
76	76	(2) a signature is not considered valid if the date of
77	77	signing is before the 90th day before the date the petition is filed
78	78	with the commissioners court.
79	79	(e) Not later than the fifth day after the date a petition is
80	80	received by the commissioners court, the county judge shall submit
81	81	the petition for verification to the county clerk. The county clerk
82	82	shall determine whether the petition meets the requirements
83	83	prescribed by this section and Section 277.002, Election Code. Not
84	84	later than the 30th day after the date the petition is submitted to
85	85	the county clerk for verification, the county clerk shall certify
86	86	in writing to the commissioners court whether the petition is
87	87	valid. If the county clerk determines that the petition is invalid,
88	88	the county clerk shall state the reasons for that determination.
89	89	(f) If the county clerk certifies that a petition is valid,
90	90	the commissioners court shall order the election to be held on the
91	91	first November uniform election date authorized by Section 41.001,
92	92	Election Code, that occurs after the date the court receives the
93	93	county clerk's certification and that provides sufficient time to
94	94	comply with other requirements of law.
95	95	(g) The ballot for an election under this section shall be
96	96	prepared to permit voting for or against the proposition:
97	97	"Approving the authority granted to the Commissioners Court of
98	98	(name of county) to regulate land development in (insert
99	99	description of the area subject to regulation)." The ballot shall
100	100	be prepared to permit voting for or against the grants of regulatory
101	101	authority proposed in the commissioners court motion under
102	102	Subsection (c)(1) or the petition filed with the commissioners
103	103	court under Subsection (c)(2), as applicable.
104	104	(h) The approval authority granted under this section
105	105	includes the authority to repeal, revise, or amend a previous
106	106	decision to operate under this subchapter.
107	107	Sec. 231.304. COMPLIANCE WITH LOCAL GROWTH AND DEVELOPMENT
108	108	PLANS. Development regulations must be:
109	109	(1) adopted in accordance with:
110	110	(A) any county plan for growth and development of
111	111	the county if a county plan has been adopted by the commissioners
112	112	court; and
113	113	(B) any desired future conditions, as that term
114	114	is defined by Section 36.001, Water Code, developed by groundwater
115	115	conservation districts located in the county; and
116	116	(2) coordinated with:
117	117	(A) the comprehensive plans of municipalities
118	118	located in the county; and
119	119	(B) the comprehensive plans of groundwater
120	120	conservation districts located in the county.
121	121	Sec. 231.305. PROCEDURES GOVERNING ADOPTION OF
122	122	REGULATIONS. (a) A development regulation adopted under this
123	123	subchapter is not effective until the regulation is adopted by the
124	124	commissioners court of the county after a public hearing. Before
125	125	the 15th day before the date of the hearing, the commissioners court
126	126	must publish notice of the hearing in a newspaper of general
127	127	circulation in the county.
128	128	(b) The commissioners court may establish or amend a
129	129	development regulation only by an order passed by a majority vote of
130	130	the full membership of the court.
131	131	Sec. 231.306. DEVELOPMENT COMMISSION. (a) The
132	132	commissioners court of a county authorized under this subchapter to
133	133	impose development regulations may appoint a development
134	134	commission to assist in the implementation and enforcement of the
135	135	regulations.
136	136	(b) The development commission must consist of:
137	137	(1) an ex officio chair who must be a public official,
138	138	other than a county commissioner, in the county; and
139	139	(2) four additional members who are all residents of
140	140	the county.
141	141	(c) The development commission is advisory only and may
142	142	recommend appropriate development regulations for the county.
143	143	(d) The members of the development commission are subject to
144	144	the same requirements relating to conflicts of interest that are
145	145	applicable to the commissioners court under Chapter 171.
146	146	Sec. 231.307. SPECIAL EXCEPTION. (a) A person aggrieved by
147	147	a development regulation adopted under this subchapter may petition
148	148	the commissioners court of the county that adopted the regulation
149	149	or the development commission, if the commissioners court has
150	150	established a development commission, for a special exception to
151	151	the development regulation.
152	152	(b) The commissioners court of each county that exercises
153	153	the authority granted by this subchapter shall adopt procedures
154	154	governing applications, notice, hearings, and other matters
155	155	relating to the grant of a special exception.
156	156	Sec. 231.308. COOPERATION WITH OTHER POLITICAL
157	157	SUBDIVISIONS. The commissioners court of a county authorized under
158	158	this subchapter to impose development regulations:
159	159	(1) may enter into agreements with any municipality
160	160	located in the county to assist in the implementation and
161	161	enforcement of the regulations; and
162	162	(2) shall enter into agreements with any groundwater
163	163	conservation district located in the county to assist in the
164	164	implementation and enforcement of the regulations.
165	165	Sec. 231.309. LOT SIZE RESTRICTIONS IN CERTAIN AREAS. Lot
166	166	size restrictions authorized under this subchapter that apply in
167	167	subdivisions served by a public water supply system that uses water
168	168	from the Trinity Aquifer must be adopted and imposed in accordance
169	169	with any desired future conditions adopted under Chapter 36, Water
170	170	Code, by a groundwater conservation district in which the
171	171	subdivision is wholly or partly located.
172	172	Sec. 231.310. INFRASTRUCTURE COST RECOVERY FEE. (a) The
173	173	commissioners court of a county may be authorized under this
174	174	subchapter to impose an infrastructure cost recovery fee to provide
175	175	necessary infrastructure to serve new development in the
176	176	unincorporated area of the county only as provided by this section
177	177	and Sections 231.311 and 231.312.
178	178	(b) A county may impose an infrastructure cost recovery fee
179	179	under this section only to pay for or recover the costs of
180	180	constructing, acquiring, or expanding infrastructure necessary to
181	181	serve new development. The fee may not be:
182	182	(1) applied to infrastructure improvements that do not
183	183	serve the new development or to which the new development does not
184	184	have access; or
185	185	(2) imposed to pay for:
186	186	(A) repairing, operating, or maintaining
187	187	existing or new infrastructure improvements, including
188	188	infrastructure improvements that were constructed, acquired, or
189	189	expanded as necessary to serve new development; or
190	190	(B) upgrading, replacing, or expanding existing
191	191	development to meet stricter safety, efficiency, environmental, or
192	192	regulatory standards.
193	193	(c) Before a county may impose an infrastructure cost
194	194	recovery fee to recover costs of roadway improvements, the county
195	195	must prepare an infrastructure development plan. The plan must
196	196	include a road traffic study conducted by a qualified engineer. The
197	197	county may not impose the fee to recover costs of roadway
198	198	improvements unless the road traffic study projects a minimum of a
199	199	25 percent increase in road traffic attributable to the new
200	200	development.
201	201	(d) Any interest earned on an infrastructure cost recovery
202	202	fee is considered part of the fee and is subject to the same
203	203	restrictions under this section.
204	204	(e) A county may assess an infrastructure cost recovery fee
205	205	before or at the time a subdivision plat is recorded. The fee may be
206	206	collected at the time the county issues a building permit or a
207	207	certificate of occupancy, unless the county and the owner of the
208	208	development enter into an agreed payment plan.
209	209	(f) A county may reduce or waive the assessment of an
210	210	infrastructure cost recovery fee if the new development qualifies
211	211	as affordable housing under 42 U.S.C. Section 12745.
212	212	(g) After an infrastructure cost recovery fee has been
213	213	assessed, the fee may not be increased unless additional service
214	214	units are added. If additional service units are added, the fee may
215	215	be assessed only at a rate that reflects the cost per service unit
216	216	of the total fee originally imposed.
217	217	(h) The infrastructure improvement for which an
218	218	infrastructure cost recovery fee is imposed must be completed not
219	219	later than the first anniversary of the date the fee is paid. The
220	220	time prescribed for completion may be extended by a majority vote of
221	221	the commissioners court if the commissioners court makes a finding
222	222	that the infrastructure improvement is exceptionally complicated
223	223	or intensive and reasonably requires additional time. An extension
224	224	granted under this subsection may not exceed the second anniversary
225	225	of the date the fee is paid. Any portion of the fee that remains
226	226	after the time prescribed expires shall be refunded to the owner of
227	227	the development. To the extent an agreement between the owner of
228	228	new development and the county conflicts with this subsection, the
229	229	agreement prevails.
230	230	Sec. 231.311. PROCEDURES FOR ASSESSING INFRASTRUCTURE COST
231	231	RECOVERY FEES. (a) On or before the date of publication of notice
232	232	of a public hearing under Section 231.305 to consider the
233	233	imposition of an infrastructure cost recovery fee, the
234	234	commissioners court shall make available to the public a
235	235	description of any proposed infrastructure improvements and a
236	236	description of the proposed fee.
237	237	(b) On or before the 30th day before the date of the hearing,
238	238	the commissioners court shall:
239	239	(1) publish notice of the hearing in at least one
240	240	newspaper of general circulation in the county; and
241	241	(2) send written notice by certified mail to the owner
242	242	of new development for which a fee is proposed.
243	243	(c) The notice under Subsection (b)(1) shall include:
244	244	(1) a relevant heading;
245	245	(2) the time, date, and location for the hearing;
246	246	(3) a statement that the hearing is open to public
247	247	comment; and
248	248	(4) a general statement of the subject matter of the
249	249	hearing.
250	250	(d) Not later than the 30th day after the date of the public
251	251	hearing, the commissioners court by order shall adopt or reject the
252	252	proposed assessment of the fee. An order approving the assessment
253	253	of the fee may not be adopted as an emergency measure.
254	254	Sec. 231.312. CERTIFICATION OF COMPLIANCE REQUIRED; CIVIL
255	255	PENALTY. (a) The commissioners court of a county that imposes an
256	256	infrastructure improvement cost recovery fee under this subchapter
257	257	shall submit a written certification verifying compliance with this
258	258	subchapter to the attorney general each year not later than the last
259	259	day of the county's fiscal year. The certification must be signed
260	260	by the county judge.
261	261	(b) A county that fails to submit a certification for a
262	262	fiscal year as required by this section is liable to the state for a
263	263	civil penalty in an amount equal to 10 percent of the amount of the
264	264	fees assessed in that fiscal year. A penalty collected under this
265	265	subsection shall be deposited to the credit of the housing trust
266	266	fund.
267	267	Sec. 231.313. ENFORCEMENT; CRIMINAL OFFENSE. (a) The
268	268	commissioners court of a county authorized under this subchapter to
269	269	impose development regulations may adopt orders to enforce those
270	270	regulations.
271	271	(b) A person commits an offense if the person violates an
272	272	order or development regulation adopted under this subchapter. An
273	273	offense under this subsection is a misdemeanor punishable by a fine
274	274	of not less than $500 or more than $1,000. Each day that a violation
275	275	occurs constitutes a separate offense.
276	276	Sec. 231.314. CONFLICT WITH OTHER LAWS. If a development
277	277	regulation adopted under this subchapter imposes higher standards
278	278	than those required under another statute or local order or
279	279	regulation, the regulation adopted under this subchapter controls
280	280	in the area subject to regulation. If the other statute or local
281	281	order or regulation imposes higher standards, that statute, order,
282	282	or regulation controls.
283	283	SECTION 2. This Act takes effect September 1, 2021.