SB1954 - Relating to the authority of a county to regulate land use in certain areas in and around hydrologically sensitive areas.

  89R3081 DRS-D     By: Campbell S.B. No. 1954       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a county to regulate land use in   certain areas in and around hydrologically sensitive areas.          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 NEAR CERTAIN WATER QUALITY PROTECTED AREAS           Sec.   231.301.     DEFINITION. In this subchapter, "development   plan" has the meaning assigned by Section 232.00285.           Sec.   231.302.     PROTECTED AREAS. The regulatory authority   granted under this subchapter applies only to an area designated by   the commissioners court of a county as a protected area for the   purpose of protecting public health and safety by regulating land   use and development in a hydrologically sensitive area, including   an aquifer recharge zone, floodplain, karst topographic area,   riparian area, or other watershed.           Sec.   231.303.     ADOPTION OF SUBCHAPTER.   This subchapter   applies only to a county for which the commissioners court by order   has adopted this subchapter following an election held under   Section 231.305.           Sec.   231.304.     PETITION FOR ADOPTION. (a)   A person may   submit a petition to the county clerk of a county to request that   the county hold an election on the question of adopting this   subchapter.           (b)  The petition must:                 (1)     be signed by a number of registered voters in the   county that is equal to at least 10 percent of the number of votes   received by all candidates for governor in the most recent   gubernatorial general election in the county;                 (2)     include each signer's current voter registration   number, printed name, and residence address, including zip code;                 (3)     include a signature date entered by each signer   next to the signer's signature; and                 (4)     include a statement on each page of the petition   preceding the space for signatures in substantially the following   form:   "This petition is to request that an election be held in (name of   county) to authorize the county to adopt zoning and building   regulations applicable in protected areas designated by the county   for the protection of water quality."           (c)  A petition signature is not valid if:                 (1)     the signer fails to enter the date the signer signs   the petition; or                 (2)     the date is earlier than the 90th day before the   date the petition is submitted to the county clerk.           (d)     Not later than the 30th day after the date the county   clerk receives a petition under this section, the clerk shall   provide a written determination on whether the petition is valid to   the commissioners court of the county.           (e)     If the county clerk determines the petition is invalid,   the clerk shall provide written notice to the commissioners court   and the person submitting the petition, which must include each   reason the clerk determines the petition is invalid.           Sec.   231.305.     ADOPTION ELECTION.   (a)   After receipt of the   county clerk's determination of a valid petition under Section   231.304, the commissioners court of the county shall order an   election on the question of adopting this subchapter.           (b)     An election held under this section must be held on the   first uniform election date after the date the commissioners court   receives the county clerk's determination of a valid petition under   Section 231.304 that allows sufficient time to comply with other   requirements of law.           (c)     The ballot for the election must be printed to provide   for voting for or against the following proposition:   "Granting authority to the county to adopt zoning and building   regulations applicable in protected areas designated by the county   for the protection of water quality."           (d)     If a majority of the votes cast in the election favor the   proposition, the commissioners court shall adopt by order this   subchapter at the next scheduled meeting of the court.           Sec.   231.306.     AUTHORITY TO REGULATE. (a)   The   commissioners court of a county by order may:                 (1)     designate one or more geographic areas in the   county as a protected area under Section 231.302; and                 (2)     adopt regulations authorized by this subchapter   that apply only to an area designated by the commissioners court as   a protected area.           (b)  A commissioners court may regulate:                 (1)     the height, number of stories, or size of   buildings;                 (2)  the percentage of a lot that may be occupied;                 (3)  the size of yards and other spaces;                 (4)  population density;                 (5)     the location and use of buildings and land for   commercial, industrial, residential, or other purposes;   and                 (6)  building construction standards.           (c)     A commissioners court may require a person to submit a   development plan during the plat approval process for land any part   of which is located in a protected area designated by the   commissioners court under this subchapter.           (d)  A commissioners court may not regulate:                 (1)     the use, design, or placement of public utility   buildings, land, or facilities; or                 (2)     for siting or zoning purposes, new manufactured or   industrialized housing that is constructed to preemptive state or   federal building standards in any manner that is different from   regulation of site-built housing.           Sec.   231.307.     PLANNING COMMISSION; MEMBERS.   (a)   The   commissioners court of a county shall appoint a planning commission   for each protected area in the county.   Each planning commission   must consist of:                 (1)  five members appointed by the county judge;                 (2)     one member appointed by each county commissioner;   and                 (3)     one member appointed by the mayor of each   municipality in which any part of the protected area covered by the   planning commission is located.           (b)     Members appointed to the planning commission must   reside in the jurisdiction of the person appointing the member.     Members appointed by the county judge must own land in the county.           (c)     A member appointed to the initial planning commission   serves a term that expires on February 1 of the first odd-numbered   year after the date of the member's appointment.   Except for a   member appointed to the initial commission, a member of a planning   commission serves a two-year term beginning February 1 of each   odd-numbered year.           (d)     A planning commission shall annually elect a presiding   officer and vice presiding officer from among its members.           (e)     A county shall employ necessary staff for a planning   commission to carry out its duties.           Sec.   231.308.     PLANNING COMMISSION:   POWERS AND DUTIES.   (a)     A planning commission established for a protected area under this   subchapter shall recommend to the commissioners court:                 (1)  boundaries for the protected area; and                 (2)     appropriate zoning regulations for the protected   area.           (b)     A planning commission shall seek input from   appropriately qualified scientists, including hydrologists,   geologists, and environmental scientists, to determine the   appropriate size and extent of the protected area for the purpose of   recommending boundaries for the protected area under Subsection   (a).           (c)     A planning commission may not recommend boundaries for a   protected area that are located:                 (1)     outside the boundary of a 100-year floodplain as   determined by the most recent maps published by the Federal   Emergency Management Agency;                 (2)     less than 200 feet from the boundary of a riparian   zone;                 (3)     less than 300 feet from the boundary of an aquifer   recharge zone; or                 (4)     less than 500 feet from the boundary of a karst   topographic area.           (d)     A planning commission may conduct a study of the   protected area under its jurisdiction to inform the planning   commission's advice to the commissioners court about the boundaries   of the protected area, regulations that apply in the protected   area, and proposed changes to the boundaries or regulations.   A   planning commission shall conduct a study described by this   subsection on request of the commissioners court.           Sec.   231.309.     PLANNING COMMISSION REPORT; PUBLIC HEARING.     (a)   A planning commission that conducts a study under Section   231.308(d) shall prepare a report based on the study and present it   to the commissioners court.           (b)     Before a planning commission prepares a report under   this section, the planning commission shall:                 (1)     hold a public hearing at which members of the   public may present testimony about any subject to be included in the   report; and                 (2)     give notice of a public hearing to be held under   this section as required by the commissioners court.           (c)     If a study conducted under Section 231.308(d) advises   the planning commission to change the zoning classification of a   parcel of land, the planning commission shall send written notice   to each landowner, as listed on the county tax rolls, whose land   would be directly affected by the advised change in zoning   classification or is located within 500 feet of land directly   affected by the advised change in zoning classification.   The   notice must:                 (1)     inform the landowner of the time and place of the   public hearing held under Subsection (b) at which the landowner may   present testimony to the commission about the advised change in   zoning classification; and                 (2)     be deposited in the United States mail before the   10th day before the date of the hearing held under Subsection (b).           Sec.   231.310.     ADOPTION OF ORDER AFTE [Text truncated for display. 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