Money Bill Puts County Permits On Large-Scale Commercial Projects Too

The text as introduced · 681 words

90R3766 DRS-F

By: Money
H.B. No. 587

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to regulate the construction

of certain industrial and offensive land use facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 240, Local Government Code, is amended

by adding Subchapter F to read as follows:

SUBCHAPTER F. REGULATION OF CERTAIN INDUSTRIAL AND OFFENSIVE LAND

USE FACILITIES

Sec. 240.101. DEFINITIONS. In this subchapter:

(1) "Alternative energy facility" means:

(A) a wind power facility as defined by Section

301.0001, Utilities Code;

(B) a solar power facility as defined by Section

302.0001, Utilities Code; or

(C) a battery storage facility.

(2) "Industrial facility" includes:

(A) an electric generation facility;

(B) an alternative energy facility;

(C) a manufacturing or production facility;

(D) a distribution or logistics center;

(E) a data center;

(F) a water or wastewater treatment plant; and

(G) another heavy industrial or large-scale

commercial facility.

(3) "Offensive land use facility" includes a concrete

plant, concrete crushing facility, landfill, solid waste transfer

station, or automotive wrecking and salvage yard.

Sec. 240.102. PERMIT REQUIRED. Notwithstanding any other

law, a person may not construct an industrial facility or offensive

land use facility in the unincorporated area of a county unless the

person obtains a permit from the commissioners court of the county.

Sec. 240.103. PERMITTING PROCEDURE. (a) A commissioners

court of a county shall by order establish a procedure to review and

approve an application for a permit to construct an industrial

facility or offensive land use facility.

(b) A permitting procedure established under this section

must require:

(1) a permit be issued by order of the commissioners

court; and

(2) the commissioners court to hold at least two

public hearings on the application for the permit not less than two

weeks and not more than two months apart.

Sec. 240.104. DETERMINATION OF INDUSTRIAL OR OFFENSIVE LAND

USE FACILITY. A commissioners court by order may determine that a

facility proposed to be constructed is:

(1) an offensive land use facility; or

(2) an industrial facility, if the commissioners court

by order determines that the proposed facility:

(A) will require substantial infrastructure or

resources when operational; or

(B) by its nature, scale, or type of operations

constitutes a facility that would be suited for location in a

municipal zoning district that allows industrial use, if the

project were proposed to be located in an area subject to municipal

zoning regulation.

Sec. 240.105. ISSUANCE OF PERMIT. (a) In issuing a permit

required by this subchapter, a commissioners court must consider:

(1) the compatibility of the proposed facility that is

the subject of the permit with existing land uses in the surrounding

area;

(2) the potential impact of the facility on:

(A) public health and safety;

(B) air, water, and soil quality; and

(C) local infrastructure, including roads,

utilities, and emergency services;

(3) public comment and input from county residents and

other stakeholders; and

(4) other factors that the commissioners court

determines are relevant to balancing the interest in development

and the welfare of the community.

(b) A permit issued under this section may include

conditions and requirements that the commissioners court

determines are necessary to mitigate potential negative effects of

the proposed facility that is the subject of the permit, including a

requirement that the applicant implement measures for:

(1) the protection of public health and safety,

including providing necessary training and equipment for emergency

services;

(2) the improvement or maintenance of local

infrastructure;

(3) the protection of air, water, and soil quality;

and

(4) noise reduction.

Sec. 240.106. REVOCATION OR SUSPENSION OF PERMIT. A

commissioners court may revoke or suspend a permit issued under

this subchapter if the commissioners court by order finds that:

(1) the permit holder has violated the terms of the

permit; or

(2) the permitted project causes undue harm to the

surrounding area or community.

Sec. 240.107. ENFORCEMENT. The commissioners court of a

county may adopt orders to enforce this subchapter or an order

adopted under this subchapter.

SECTION 2. This Act takes effect September 1, 2027.