HB4946 - Relating to county zoning authority for certain counties; creating a criminal offense.

  89R5649 JBD-D     By: Gerdes H.B. No. 4946       A BILL TO BE ENTITLED   AN ACT   relating to county zoning authority for certain counties; creating   a criminal offense.          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 CERTAIN COUNTIES           Sec.   231.301.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to a county with a population of:                 (1)  more than 93,000 and less than 99,000;                 (2)  more than 45,000 and less than 46,000;                 (3)  more than 24,600 and less than 26,000; or                 (4)  more than 17,000 and less than 17,700.           Sec.   231.302.     ADOPTION OF SUBCHAPTER. This subchapter   applies only to a county for which the commissioners court by order   adopts this subchapter on the court's own motion or following an   election as provided by Section 231.304(d).           Sec.   231.303.     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 area eligible to vote in the   election under Section 231.304;                 (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 the unincorporated areas of the county   not subject to municipal zoning ordinances."           (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 person submitting the   petition, which must include each reason the clerk determines the   petition is invalid.           Sec.   231.304.     ADOPTION ELECTION. (a)   After receipt of the   county clerk's determination of a valid petition under Section   231.303, the commissioners court of the county shall order an   election on the question of adopting this subchapter to be held on   the first uniform election date that allows sufficient time to   comply with any requirements of law.           (b)     Only registered voters residing in a part of the   unincorporated area of the county that is not subject to a municipal   zoning ordinance are eligible to vote in the election.           (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 for the unincorporated areas of the county not subject   to municipal zoning ordinances."           (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.   231.305.     AUTHORITY TO REGULATE. (a)   The   commissioners court of a county by order may adopt regulations   authorized by this subchapter that may be applied in the   unincorporated areas of the county that are not subject to   municipal zoning regulations adopted under Chapter 211.           (b)     For an area designated by the Texas Historical   Commission as having historical significance, the commissioners   court may regulate, in accordance with rules adopted by the Texas   Historical Commission, the construction, reconstruction,   alteration, or razing of buildings or other structures in the area.           Sec.   231.306.     PROHIBITED COUNTY REGULATION. This   subchapter does not authorize the commissioners court of a county   to:                 (1)     require the removal or destruction of property   that exists at the time the commissioners court adopts this   subchapter;                 (2)     regulate a billboard or outdoor advertising that   conflicts with a municipal ordinance or state agency rule;                 (3)     regulate, for siting or zoning purposes, new   manufactured or industrialized housing that is constructed to   preemptive state or federal building standards in a manner that is   different from site-built housing; or                 (4)     regulate the construction, use, design, or   placement of a public utility building or facility, including a   central office building used by a person engaged in providing   telephone services to the public.           Sec.   231.307.     AGRICULTURAL AND RANCHING OPERATIONS. (a)     In this section, "agricultural or ranching operation" includes:                 (1)  cultivation of soil;                 (2)     production of crops for human food, animal feed,   planting seed, or fiber;                 (3)  floriculture;                 (4)  viticulture;                 (5)  horticulture;                 (6)  possession of livestock or poultry; and                 (7)     use of cover crops or idle land for the purpose of   participation in a governmental program or normal crop or livestock   rotation procedure.           (b)     Except as provided by Subsection (c), the commissioners   court of a county may not restrict the right of a property owner to   construct an improvement for a noncommercial agricultural or   ranching operation, or to otherwise use the property for a   noncommercial agricultural or ranching operation.           (c)     A commissioners court may impose a reasonably necessary   restriction or prohibition on a commercial agricultural or ranching   operation, including a commercial feed lot, to protect the public   health, safety, peace, morals, and general welfare from the dangers   of explosion, flooding, vermin, insects, physical injury,   contagious disease, contamination of water supplies, radiation,   storage of toxic materials, or other hazards.           Sec.   231.308.     ZONING REGULATIONS. (a)   The commissioners   court of a county by order may adopt zoning regulations.           (b)  A commissioners court may regulate:                 (1)  population density;                 (2)     the location and use of buildings, other   structures, and land for business, industrial, residential, or   other purposes;                 (3)     the location, design, construction, extension,   size, and regulation of water, wastewater, and drainage facilities,   including requirements for connecting to a centralized water or   wastewater system; and                 (4)     the abatement of harm resulting from inadequate   water or wastewater facilities.           (c)     In adopting zoning regulations, a commissioners court   must ensure that the regulations:                 (1)  comply with the county's comprehensive plan;                 (2)     are coordinated with the comprehensive plans of   each municipality located in the county;                 (3)     are uniform for each class or kind of building in a   district established under this subchapter, but may vary from   district to district; and                 (4)  are adopted with reasonable consideration for:                       (A)     preserving the character of each district and   its particular suitability for particular uses; and                       (B)     conserving the value of buildings and   encouraging the most appropriate use of land throughout a district.           Sec.   231.309.     DISTRICTS. The commissioners court of a   county may divide the unincorporated area of the county into   districts of a number, shape, and size the court considers best for   implementing this subchapter.           Sec.   231.310.     COMPREHENSIVE PLAN. (a)   The commissioners   court of a county by order shall adopt a comprehensive plan for the   growth and development of the county.           (b)  A comprehensive plan must be designed to:                 (1)     lessen congestion in the county's 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; and                 (8)     assist in developing land in the county into   parks, playgrounds, and recreational areas for the public.           Sec.   231.311.     PLANNING COMMISSION. (a)   The commissioners   court of a county shall appoint a planning commission.           (b)     The planning commission consists of seven members who   must be county residents. & [Text truncated for display. Full text available on Congress.gov.]