Campbell Bill Adds A Planning Commission For Every Protected Area

The text as introduced · 1,918 words

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 AFTER RECEIPT OF REPORT.

The commissioners court may adopt an order relating to a zoning

classification or regulation affecting a protected area under this

subchapter only after the commissioners court receives a report

prepared under Section 231.309 relating to the protected area.

Sec. 231.311. SPECIAL EXCEPTIONS. (a) The commissioners

court may grant a special exception to an order or regulation

adopted under this subchapter if the commissioners court finds that

the special exception will not be contrary to the public interest

and that a literal enforcement of the order or regulation would

result in an unnecessary hardship.

(b) The commissioners court shall adopt procedures

governing applications, notice, hearings, and other matters

relating to the grant of a special exception.

Sec. 231.312. CONFLICT WITH OTHER ACTION OR REGULATION. In

the event of a conflict between an order adopted under this

subchapter and an action or regulation of a municipality or

special-purpose district or authority, the more stringent

regulation prevails. A more stringent regulation is the regulation

that imposes a higher standard.

Sec. 231.313. ENFORCEMENT. (a) The county attorney or

other prosecuting attorney representing the county in the district

court may file an action to enjoin a violation or threatened

violation of a regulation adopted under this subchapter. The court

may grant appropriate relief.

(b) If an order adopted under this subchapter defines an

offense, an offense under that order is a Class C misdemeanor.

SECTION 2. Section 232.0025, Local Government Code, is

amended by amending Subsection (d) and adding Subsection (d-1) to

read as follows:

(d) Except as provided by Subsections (d-1) and

[ Subsection ] (f), the commissioners court or the county authority

responsible for approving plats shall approve, approve with

conditions, or disapprove a plat application not later than the

30th day after the date the completed application is received by the

commissioners court or the county authority. An application is

approved by the commissioners court or the county authority unless

the application is disapproved within that period and in accordance

with Section 232.0026.

(d-1) The commissioners court or the county authority

responsible for approving plats of a county that has exercised the

regulatory authority granted under Subchapter N, Chapter 231, may

not approve with conditions a plat application for land any part of

which is located in a protected area regulated by the county under

that subchapter if the conditions relate to the protected area.

SECTION 3. Section 232.00285, Local Government Code, is

amended by adding Subsection (c) to read as follows:

(c) A county that has exercised the regulatory authority

granted under Subchapter N, Chapter 231, may require a person to

submit a development plan during the plat approval process required

by this subchapter.

SECTION 4. This Act takes effect September 1, 2025.