By: Zaffirini S.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to land development, waste management, and the creation of
special districts in counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 791.037, Government Code,
is amended to read as follows:
Sec. 791.037. SOLID WASTE DISPOSAL SERVICES [IN CERTAIN
COUNTIES].
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1121 to read as follows:
Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN
COUNTIES. (a) In this section:
(1) "Generator" includes a fleet operator, a tire
recapper or retreader, or a retailer, wholesaler, or manufacturer
of whole new or used tires. The term does not include a scrap tire
energy recovery facility or a scrap tire recycling facility.
(2) "Retailer" means a person who is engaged in the
business of selling or otherwise placing tires in the stream of
commerce for use on a vehicle, trailer, or piece of equipment.
(3) "Scrap tire" has the meaning assigned by Section
361.112. The term does not include a tire:
(A) in or on a vehicle that:
(i) has been crushed; or
(ii) is being transported to a registered
metal recycling entity or a licensed used automotive parts
recycler; or
(B) that is mounted on a metal wheel that is
intended to be recycled.
(4) "Used tire" means a tire that:
(A) has been used as a tire on a vehicle, trailer,
or piece of equipment;
(B) has tire tread at least one-sixteenth inch
deep;
(C) can still be used for its original intended
purpose; and
(D) meets the visual and tread depth requirements
for used tires established by the Department of Public Safety.
(b) This section applies only to a county with a population
of 150,000 or less.
(c) The commissioners court of a county to which this
section applies may establish and enforce a program requiring a
generator to mark used or scrap tires handled by the generator.
(d) A program established under this section must:
(1) assign to each generator a unique identifying mark
required to be affixed to or imprinted on each scrap or used tire
taken possession of or produced by the generator;
(2) allow a customer to retain a scrap or used tire
removed from the customer's vehicle during the purchase of a tire
from a retailer;
(3) require a retailer whose customer retains a scrap
or used tire to keep a record of the customer's retention; and
(4) include a system to inspect generators for
compliance.
SECTION 3. Section 364.011(a-2), Health and Safety Code, is
amended to read as follows:
(a-2) Notwithstanding Subsection (a), a commissioners court
may, through a competitive bidding process, contract for the
provision of solid waste collection, handling, storage, and
disposal in an area of the county located within the
extraterritorial jurisdiction of a municipality if[:
[(1)] the municipality does not provide solid waste
disposal services in that area[; and
[(2) the county has a population of more than 1.5
million and at least 70 percent of the population resides in a
single municipality].
SECTION 4. Section 364.034(a), Health and Safety Code, is
amended to read as follows:
(a) A public agency or a county may:
(1) offer solid waste disposal service to persons in
its territory, including[, in the case of a county described by
Section 364.011(a-2)(2),] an area of the county located within the
extraterritorial jurisdiction of a municipality if the
municipality does not provide solid waste disposal services in that
area;
(2) require the use of the service by those persons,
except as provided by Subsection (a-1);
(3) charge fees for the service; and
(4) establish the service as a utility separate from
other utilities in its territory.
SECTION 5. Section 364.0345, Health and Safety Code, is
amended to read as follows:
Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
SERVICE IN CERTAIN AREAS. The commissioners court of a county
described by Section 364.011(a-2) [364.011(a-2)(2)] that requires
the use of a county solid waste disposal service under Section
364.034 in the extraterritorial jurisdiction of a municipality may
adopt orders to enforce the requirement, including an order
establishing a civil or administrative penalty in an amount
reasonable and necessary to ensure compliance with the requirement.
SECTION 6. The heading to Chapter 231, Local Government
Code, is amended to read as follows:
CHAPTER 231. COUNTY ZONING AUTHORITY AND BUFFER REGULATIONS
SECTION 7. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. BUFFER REGULATIONS
Sec. 231.291. DEFINITION. In this subchapter,
"agricultural operation" has the meaning assigned by Section
251.002, Agriculture Code.
Sec. 231.292. BUFFER AREAS. (a) The commissioners court of
a county may regulate, by order, land development in the
unincorporated area of the county by requiring a buffer area
between the land used for a purpose specified by this subsection and
residential areas as follows:
(1) at least 1,000 feet for heavy industrial or quarry
use;
(2) at least 750 feet for light industrial use; and
(3) at least 500 feet for commercial or other business
use.
(b) This section does not authorize a county to adopt zoning
regulations.
(c) A buffer area established under this section 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.
(d) A county regulation under this section does not apply
to:
(1) a platted residential subdivision in existence on
the date the regulation takes effect;
(2) an agricultural operation; or
(3) an activity or a structure or appurtenance on a
tract of land devoted to an agricultural operation.
SECTION 8. Subchapter Z, Chapter 232, Local Government
Code, is amended by adding Section 232.902 to read as follows:
Sec. 232.902. MODEL RULES FOR WATER SUPPLY AND SEWER
SERVICES IN CERTAIN COUNTIES. (a) This section applies only to a
county that contains a groundwater conservation district governed
by Chapter 36, Water Code.
(b) The commissioners court of a county subject to this
section may adopt model rules for the subdivision of land in the
unincorporated area of the county.
(c) Model rules adopted under this section may only regulate
standards for the safe and sanitary supply of water and sewer
services.
(d) Model rules adopted under this section must be in
compliance with the model rules adopted under Section 16.343, Water
Code.
SECTION 9. Sections 352.082(a) and (c), Local Government
Code, are amended to read as follows:
(a) This section applies only to:
(1) the unincorporated area of a county:
(A) [(1)] that is adjacent to a county with a
population of 3.3 million or more; and
(B) [(2)] in which a planned community is located
that has 20,000 or more acres of land, that was originally
established under the Urban Growth and New Community Development
Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to
restrictive covenants containing ad valorem or annual variable
budget based assessments on real property; or
(2) the unincorporated area of a county that offers
solid waste disposal services to persons in its territory.
(c) A person commits an offense if the person intentionally
or knowingly burns household refuse outdoors on a lot that is
either:
(1) located in the unincorporated area of a county
described by Subsection (a)(1) and:
(A) located in a neighborhood; or
(B) [(2)] smaller than five acres; or
(2) located in the unincorporated area of a county
described by Subsection (a)(2), if the commissioners court of the
county has established a mandatory program under Section 364.034,
Health and Safety Code, that benefits the lot.
SECTION 10. The Local Government Code is amended by adding
Title 15 to read as follows:
TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL
ENTITIES
SUBTITLE A. MUNICIPAL REQUIREMENTS
SUBTITLE B. COUNTY REQUIREMENTS
CHAPTER 661. SPECIAL DISTRICTS
Sec. 661.001. DEFINITION. In this chapter, "special
district" means a political subdivision with a limited geographic
area created by local law or under general law for a special
purpose.
Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW
DISTRICTS. (a) This section applies only to a special district
created by local law.
(b) Except as provided by Subsection (c), the commissioners
court of a county in which a special district is proposed to be
located may by order adopt requirements for the district to ensure
that all county territory included in the district will benefit
from the creation of the district.
(c) The commissioners court of a county may not adopt an
order described by Subsection (b) for a special district after the
effective date of the Act that creates the district.
(d) A special district shall comply with each order adopted
under Subsection (b) that applies to the district.
Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW
DISTRICTS. (a) This section applies only to a special district
created under general law.
(b) A special district may not be created unless the
commissioners court of each county in which the district is
proposed to be located approves the creation of the district after
each court holds a hearing described by Subsection (c).
(c) On the request of a person proposing to create a special
district in a county, the commissioners court of the county shall
hold a hearing in which the court accepts evidence on the creation
of the district and whether:
(1) the creation of the district is feasible,
practicable, and necessary; and
(2) the district would wholly or partly benefit the
county.
Sec. 661.004. EXCEPTIONS. This chapter does not apply to a
special district if:
(1) the creation of the district is initiated by the
commissioners court of a county; or
(2) other law requires the approval of the
commissioners court of a county before the district may be created.
SECTION 11. Section 7.107, Water Code, is amended to read as
follows:
Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF
STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for
a violation of Chapter 28 of this code or of Chapter 401, Health and
Safety Code, a civil penalty recovered in a suit brought under this
subchapter by a local government shall be divided as follows:
(1) the first $4.3 million of the amount recovered
shall be divided equally between:
(A) the state; and
(B) the local government that brought the suit;
and
(2) any amount recovered in excess of $4.3 million
shall be awarded to the state.
(b) One-half of the state's portion of a civil penalty under
Subsection (a) shall be deposited to the credit of the special
environmental remediation fund created under Section 7.1075.
SECTION 12. Subchapter D, Chapter 7, Water Code, is amended
by adding Section 7.1075 to read as follows:
Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT
PROGRAM. (a) The environmental remediation fund is created as a
special fund in the state treasury outside the general revenue
fund. The fund consists of money deposited to the credit of the
fund under Section 7.107. Money in the fund may be appropriated
only to the commission for purposes of the grant program
established under Subsection (b).
(b) From money appropriated from the special environmental
remediation fund for that purpose, the commission shall establish
and administer a grant program to provide financial assistance to
counties and municipalities for environmental remediation
projects.
(c) The commission shall adopt rules to implement the
program established under Subsection (b), including rules
establishing:
(1) eligibility criteria for grant applicants and
environmental remediation projects;
(2) grant application procedures;
(3) criteria for evaluating grant applications and
awarding grants;
(4) guidelines related to grant amounts; and
(5) procedures for monitoring the use of a grant
awarded under Subsection (b) and ensuring compliance with any
conditions of the grant.
SECTION 13. Section 791.037(b), Government Code, is
repealed.
SECTION 14. Section 352.082, Local Government Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 15. Section 661.003, Local Government Code, as
added by this Act, applies only to a special district, as defined by
Section 661.001, Local Government Code, as added by this Act,
created on or after the effective date of this Act.
SECTION 16. Section 7.107, Water Code, as amended by this
Act, applies only to a violation that occurs on or after the
effective date of this Act. A violation that occurs before the
effective date of this Act is governed by the law in effect on the
date the violation occurred, and the former law is continued in
effect for that purpose.
SECTION 17. This Act takes effect on the 91st day after the
last day of the legislative session.