HB2265 - Relating to county land use regulatory authority in certain counties; providing a criminal penalty.

  89R507 DRS-D     By: Isaac H.B. No. 2265       A BILL TO BE ENTITLED   AN ACT   relating to county land use regulatory authority in certain   counties; providing a criminal penalty.          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 IN COMAL COUNTY           Sec.   231.301.     LEGISLATIVE FINDINGS; PURPOSE.   (a)   The   legislature finds that:                 (1)     parts of Comal County including the area that   surrounds Canyon Lake and the Guadalupe River are or will be   frequented for recreational purposes by residents from every part   of the state;                 (2)     orderly development and use of recreational areas   of the county is of concern to the entire state; and                 (3)     without adequate development regulations, the   county will be developed in ways that put an undue strain on natural   resources and endanger and interfere with the proper use of   recreational areas of the county as places of recreation to the   detriment of public health, safety, peace, morals, and general   welfare.           (b)     The powers granted under this subchapter are for the   purpose of:                 (1)     promoting public health, safety, peace, morals,   and general welfare;                 (2)  encouraging recreation; and                 (3)     safeguarding and preventing the pollution of the   state's rivers and lakes.           Sec.   231.302.     REGULATING COUNTY; APPLICABILITY. In this   subchapter, "regulating county"   means Comal County, if the   residents of the county approved the exercise of the regulatory   authority granted under this subchapter in an election held under   Section 231.304.           Sec.   231.303.     ZONING REGULATIONS GENERALLY. (a)   The   commissioners court of a regulating county may regulate:                 (1)     the height, number of stories, and size of   buildings and other structures;                 (2)     the percentage of a lot that may be occupied by   buildings and structures;                 (3)  the size of yards, courts, and other open spaces;                 (4)  population density;                 (5)     the location and use of buildings, other   structures, and land for business, industrial, residential, or   other purposes;                 (6)     the placement of water and sewage facilities,   parks, and other public requirements;                 (7)     the location, design, construction, extension,   and size of streets and roads; and                 (8)     the control, storage, preservation, and   distribution of storm and flood water.           (b)     The regulatory authority granted under this subchapter   applies only to the unincorporated areas of a county.           Sec.   231.304.     ELECTION TO APPROVE REGULATORY AUTHORITY   REQUIRED. (a) The regulatory authority granted under Section   231.303 is not effective unless it is approved by a majority of the   county residents voting in an election held under this section.   The   commissioners court shall order the election to be held on a uniform   election date authorized by Section 41.001, Election Code.           (b)     For an election under this section, the ballot shall be   prepared to permit voting for or against the proposition:   "Approving the authority granted to the Commissioners Court of   (insert name of county) to regulate land development in the   unincorporated areas of the county (insert description of general   authority)."           (c)     The regulatory authority approved under this section   includes the authority of the commissioners court to repeal,   revise, or amend a regulation of land development adopted under   this subchapter.           Sec.   231.305.     COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning   regulations must be adopted in accordance with a comprehensive plan   and must be designed to:                 (1)  lessen congestion in the streets and roads;                 (2)  secure safety from fire, panic, and other dangers;                 (3)  promote health and the general welfare;                 (4)  provide adequate light and air;                 (5)  prevent the overcrowding of land;                 (6)  avoid undue concentration of population;                 (7)     facilitate the adequate provision of   transportation, water, sewers, parks, and other public   requirements;                 (8)     control, store, preserve, and distribute storm and   flood water; and                 (9)     assist in developing the regulated area into   parks, playgrounds, and recreational areas.           Sec.   231.306.     DISTRICTS. (a)   The commissioners court of a   regulating county may divide the unincorporated area of the county   into districts of a number, shape, and size the commissioners court   considers best for administering this subchapter. Within each   district, the commissioners court may regulate the erection,   construction, reconstruction, alteration, repair, or use of   buildings, other structures, or land.           (b)     The zoning regulations must be uniform for each class or   kind of building in a district, but the regulations may vary from   district to district. The regulations shall be adopted with   reasonable consideration for, among other things, the character of   each district and its peculiar suitability for particular uses,   with a view of conserving the value of buildings and encouraging the   most appropriate use of land throughout the area.           Sec.   231.307.     PROCEDURES GOVERNING ADOPTION OF REGULATIONS   AND DISTRICT BOUNDARIES. (a)   The commissioners court of a   regulating county shall establish procedures for adopting and   enforcing zoning regulations and zoning district boundaries. A   regulation or district boundary is not effective until it is   adopted by the commissioners court after a public hearing on the   matter at which parties in interest and citizens have an   opportunity to be heard. Before the 15th day before the date of the   hearing, the commissioners court must publish notice of the time   and place of the hearing in a newspaper of general circulation in   the county.           (b)     If a proposed change to a regulation or district   boundary is protested in accordance with this subsection, the   proposed change must receive, in order to take effect, the   affirmative vote of at least three-fourths of all members of the   commissioners court. The protest must be written and signed by the   owners of at least 20 percent of either:                 (1)     the area of the lots covered by the proposed   change; or                 (2)     the lots immediately adjacent to the rear of the   lots covered by the proposed change and extending 200 feet from   those lots or from the street frontage of the opposite lots.           Sec.   231.308.     ZONING COMMISSION. (a)   To exercise the   powers authorized by this subchapter, the commissioners court of a   regulating county shall appoint a zoning commission. The   commission shall recommend boundaries for the original zoning   districts and appropriate zoning regulations for each district.   The commission must consist of seven members, each of whom must be a   resident of the county.           (b)     The commission shall elect a presiding officer from   among its members. The presiding officer serves in that capacity   for a term set by the commission. The commission may at any time   choose for a particular meeting or occasion an acting presiding   officer as necessary from among its members. The commission may   employ a secretary and acting secretary and other technical or   clerical personnel.           (c)     A member of the commission is not entitled to   compensation but is entitled to expenses actually incurred while   serving on the commission as provided by order of the commissioners   court.           (d)     The zoning commission shall make a preliminary report   and hold public hearings on that report before submitting a final   report to the commissioners court. The commissioners court may not   hold a public hearing or take action until it receives the final   report of the zoning commission.           (e)     Before the 10th day before the hearing date, written   notice of each public hearing before the zoning commission on a   proposed change in a zoning classification shall be sent to:                 (1)     each owner of affected property or to the person   who renders the property for county taxes; and                 (2)     each owner of property that is located within 200   feet of property affected by the change or to the person who renders   the property for county taxes.           (f)     The notice may be served by depositing it in the United   States mail, postage paid and properly addressed to the address of   the property owner on file with the county tax assessor-collector.           Sec.   231.309.     BOARD OF ADJUSTMENT. (a)   The commissioners   court of a regulating county may provide for the appointment of a   board of adjustment. In the zoning regulations adopted under this   subchapter, the commissioners court may authorize the board of   adjustment, in appropriate cases and subject to appropriate   conditions and safeguards, to make special exceptions to the terms   of the zoning regulations that are consistent with the general   purpose and intent of the regulations and in accordance with any   applicable rules contained in the regulations.           (b)     A board of adjustment must consist of five members to be   appointed for terms of two years. The appointing authority may   remove a board member for cause on a written charge after a public   hearing. The appointing authority shall fill a vacancy on the board   for the unexpired term.           (c)     The board of adjustment shall adopt rules in accordance   with any order adopted under this subchapter. Meetings of the board   are held at the call of the presiding officer and at other times as   determined by the board. The presiding officer or acting presiding   officer may administer oaths and compel the attendance of   witnesses. All meetings of the board are open to the public.           (d)     The board of adjustment shall keep minutes of its   proceedings that indicate the vote of each member on each question   or indicate that a member is absent or fails to vote. The board   shall keep records of its examinations and other official actions.   The minutes and records shall be filed immediately in the board's   office and are public records.           Sec.   231.310.     AUTHORITY OF BOARD OF ADJUSTMENT. (a) &#xA [Text truncated for display. Full text available on Congress.gov.]