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A BILL TO BE ENTITLED
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AN ACT
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relating to development regulations in Fort Bend County near the |
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Brazos River; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. ZONING AROUND THE BRAZOS RIVER IN FORT BEND COUNTY |
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Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the area that surrounds the Brazos River in Fort |
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Bend County: |
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(A) is frequented for recreational purposes by |
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residents from every part of the state; and |
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(B) is critical for the bays and estuaries in the |
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Gulf of Mexico; |
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(2) orderly development and use of the area is of |
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concern to the entire state; and |
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(3) buildings in the area that are frequented for |
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resort or recreational purposes tend to become congested and tend |
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to be used in ways that interfere with the proper use of the area as |
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a place of recreation to the detriment of the public health, safety, |
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morals, and general welfare. |
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(b) The powers granted under this subchapter are for the |
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purpose of: |
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(1) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(2) encouraging tourism and recreation; and |
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(3) safeguarding and preventing the pollution of the |
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state's water resources. |
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Sec. 231.302. AREAS SUBJECT TO REGULATION. This subchapter |
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applies only to the unincorporated areas of Fort Bend County within |
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500 feet of the Brazos River. |
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Sec. 231.303. DEVELOPMENT REGULATIONS GENERALLY. The |
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commissioners court of Fort Bend County may regulate: |
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(1) the percentage of a lot that may be occupied or |
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developed; |
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(2) population density; |
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(3) the size and location of buildings; and |
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(4) the location, design, construction, extension, |
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and size of streets and roads. |
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Sec. 231.304. RELATIONSHIP TO COUNTY AND MUNICIPAL PLANS. |
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Development regulations must be: |
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(1) adopted in accordance with a county plan for |
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growth and development of the county; and |
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(2) coordinated with the comprehensive plans of |
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municipalities located in the county. |
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Sec. 231.305. DISTRICTS. (a) The commissioners court may |
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divide the unincorporated area of the county into districts of a |
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number, shape, and size the court considers best for carrying out |
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this subchapter. |
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(b) Development regulations may vary from district to |
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district. |
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Sec. 231.306. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) A development regulation adopted |
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under this subchapter is not effective until it is adopted by the |
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commissioners court after a public hearing. Before the 15th day |
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before the date of the hearing, the commissioners court must |
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publish notice of the hearing in a newspaper of general circulation |
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in the county. |
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(b) The commissioners court may establish or amend a |
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development regulation only by an order passed by a majority vote of |
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the full membership of the court. |
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Sec. 231.307. DEVELOPMENT COMMISSION. (a) The |
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commissioners court may appoint a development commission to assist |
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in the implementation and enforcement of development regulations |
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adopted under this subchapter. |
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(b) The development commission must consist of an ex officio |
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chair who must be a public official in Fort Bend County and four |
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additional members. |
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(c) The development commission is advisory only and may |
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recommend appropriate development regulations for the county. |
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(d) The members of the development commission are subject to |
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the same requirements relating to conflicts of interest that are |
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applicable to the commissioners court under Chapter 171. |
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Sec. 231.308. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a regulation adopted under this subchapter may petition the |
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commissioners court for a special exception to the regulation. |
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(b) The commissioners court may grant a special exception to |
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the regulation if the person who petitioned under Subsection (a) |
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demonstrates that the requested exception adequately protects the |
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public health, safety, or general welfare. |
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(c) The commissioners court shall adopt procedures |
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governing applications, notice, hearings, and other matters |
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relating to the grant of a special exception. |
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Sec. 231.309. ENFORCEMENT; CRIMINAL PENALTY. (a) The |
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commissioners court may adopt orders to enforce this subchapter or |
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an order or regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates an |
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order or regulation adopted under this subchapter. An offense |
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under this subsection is a misdemeanor punishable by a fine of not |
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less than $500 or more than $1,000. Each day that a violation |
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occurs constitutes a separate offense. |
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Sec. 231.310. COOPERATION WITH MUNICIPALITIES. The |
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commissioners court by order may enter into agreements with any |
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municipality located in the county to assist in the implementation |
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and enforcement of development regulations adopted under this |
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subchapter. |
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Sec. 231.311. CONFLICT WITH OTHER LAWS. If a development |
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regulation adopted under this subchapter imposes higher standards |
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than those required under another statute or local order or |
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regulation, the regulation adopted under this subchapter controls. |
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If the other statute or local order or regulation imposes higher |
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standards, that statute, order, or regulation controls. |
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SECTION 2. This Act takes effect September 1, 2021. |