Bill Text: TX HB662 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans; providing a penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB662 Detail]
Download: Texas-2011-HB662-Introduced.html
82R3669 NC-F | ||
By: Rodriguez | H.B. No. 662 |
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relating to authorizing certain counties to adopt buffer zone | ||
regulations and comprehensive land development plans; providing a | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 7, Local Government Code, is | ||
amended by adding Chapter 231A to read as follows: | ||
CHAPTER 231A. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES | ||
Sec. 231A.001. PURPOSE. The powers granted under this | ||
chapter are for the purpose of promoting the public health, safety, | ||
or general welfare. | ||
Sec. 231A.002. APPLICABILITY. This chapter applies only to | ||
a county with a population of more than one million in which a | ||
national wildlife refuge is wholly or partly located. | ||
Sec. 231A.003. DEFINITIONS. In this chapter: | ||
(1) "Agricultural use" means use or activity involving | ||
agriculture. | ||
(2) "Agriculture" means: | ||
(A) cultivating the soil to produce crops for | ||
human food, animal feed, seed for planting, or the production of | ||
fibers; | ||
(B) practicing floriculture, viticulture, | ||
silviculture, or horticulture; | ||
(C) raising, feeding, or keeping animals for | ||
breeding purposes or for the production of food, fiber, leather, | ||
pelts, or other tangible products having commercial value, with the | ||
exception of feedlots; | ||
(D) planting cover crops, including cover crops | ||
cultivated for transplantation, or leaving land idle for the | ||
purpose of participating in a government program or normal crop or | ||
livestock rotation procedure; or | ||
(E) engaging in wildlife management. | ||
(3) "Buffer zone" means the distance between a | ||
structure, device, item, equipment, or enclosure used for an | ||
activity at the site of an industry and the nearest property | ||
boundary of a land use described by Section 231A.004(a). | ||
(4) "Industry" means use or activity involving: | ||
(A) manufacturing; | ||
(B) light or heavy industry; | ||
(C) transportation facilities, including | ||
trucking depots, marinas, or airports; | ||
(D) resource extraction, including mining or | ||
construction materials processing; or | ||
(E) warehousing. | ||
Sec. 231A.004. BUFFER ZONE REGULATION. (a) Except as | ||
provided by Subsection (c), the commissioners court of a county may | ||
adopt a regulation under this chapter to require a buffer zone | ||
between an industry and a residential area, hospital, elder-care | ||
facility, school, day-care facility, church, or similar land use | ||
that the commissioners court finds to be incompatible with the | ||
industry. | ||
(b) A buffer zone adopted under this chapter must be: | ||
(1) reasonably necessary to protect public health, | ||
safety, or general welfare; and | ||
(2) related and in proportion to the impact the | ||
industry has on public health, safety, or general welfare. | ||
(c) A commissioners court may not regulate under this | ||
chapter: | ||
(1) a tract of land devoted to agricultural use; | ||
(2) an activity or a structure or appurtenance on a | ||
tract of land devoted to agricultural use; | ||
(3) land used for: | ||
(A) operating a pipeline, including a common | ||
carrier pipeline as defined by Section 111.002, Natural Resources | ||
Code, over which the Railroad Commission of Texas has jurisdiction; | ||
or | ||
(B) drilling or operating an oil or gas well; or | ||
(4) an interstate gas pipeline facility as defined by | ||
49 U.S.C. Section 60101. | ||
Sec. 231A.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN. | ||
A buffer zone regulation adopted under this chapter must be: | ||
(1) adopted in accordance with a county comprehensive | ||
plan adopted under Section 231A.007; and | ||
(2) coordinated with the comprehensive plans of | ||
municipalities located in the county. | ||
Sec. 231A.006. PROCEDURE GOVERNING ADOPTION OF | ||
REGULATIONS. (a) The commissioners court shall establish a | ||
technical advisory committee to develop and recommend buffer zone | ||
regulations to the court. The commissioners court shall appoint | ||
the members of the committee. The committee must include industry | ||
representatives. | ||
(b) A buffer zone regulation under this chapter is not | ||
effective until the regulation is adopted by the commissioners | ||
court after a public hearing. Before the 15th day before the date | ||
of the hearing, the commissioners court must publish notice of the | ||
hearing in a newspaper of general circulation in the county. | ||
(c) The commissioners court may establish or amend a buffer | ||
zone regulation only by an order passed by a majority vote of the | ||
full membership of the court. | ||
Sec. 231A.007. COMPREHENSIVE PLAN. (a) The commissioners | ||
court may adopt a comprehensive plan for land development in the | ||
unincorporated area of the county. | ||
(b) The comprehensive plan must be designed to: | ||
(1) lessen congestion in the streets; | ||
(2) secure safety from fire, panic, and other dangers; | ||
(3) promote health and the general welfare; | ||
(4) provide adequate light and air; or | ||
(5) facilitate the adequate provision of | ||
transportation, water, sewers, schools, parks, and other public | ||
requirements. | ||
(c) A comprehensive plan must be consistent with the | ||
comprehensive plans of municipalities located in the county. | ||
Sec. 231A.008. INCENTIVES. The commissioners court may | ||
provide incentives to a person who develops land in the | ||
unincorporated area of the county in compliance with the county | ||
comprehensive plan adopted under Section 231A.007. | ||
Sec. 231A.009. SPECIAL EXCEPTION. (a) A person aggrieved | ||
by a buffer zone regulation adopted under this chapter may petition | ||
the commissioners court for a special exception to the regulation | ||
adopted by the commissioners court. | ||
(b) The commissioners court may grant a special exception | ||
that allows for the reduction or elimination of a buffer zone if the | ||
person subject to the buffer zone requirement can demonstrate that | ||
the reduction or elimination of the buffer zone adequately protects | ||
the public health, safety, or general welfare. | ||
(c) The commissioners court shall adopt procedures | ||
governing applications, notice, hearings, and other matters | ||
relating to the grant of a special exception. | ||
Sec. 231A.010. ENFORCEMENT; PENALTY. (a) The | ||
commissioners court may adopt orders to enforce this chapter or an | ||
order or buffer zone regulation adopted under this chapter. | ||
(b) A person commits an offense if the person violates an | ||
order or regulation adopted under this chapter. An offense under | ||
this subsection is a misdemeanor punishable by a fine of not less | ||
than $500 or more than $1,000. Each day that a violation occurs | ||
constitutes a separate offense. Trial shall be in the district | ||
court. | ||
Sec. 231A.011. COOPERATION WITH MUNICIPALITIES. The | ||
commissioners court by order may enter into agreements with any | ||
municipality located in the county to assist in the implementation | ||
and enforcement of buffer zone regulations adopted under this | ||
chapter. | ||
Sec. 231A.012. EXISTING AUTHORITY UNAFFECTED. The | ||
authority granted by this chapter does not affect the authority of | ||
the commissioners court to adopt an order to regulate land | ||
development under other law. | ||
Sec. 231A.013. CONFLICT WITH OTHER LAWS. If a buffer zone | ||
regulation adopted under this chapter imposes higher standards than | ||
those required under another statute or local order or regulation, | ||
the regulation adopted under this chapter controls. If the other | ||
statute or local order or regulation imposes higher standards, that | ||
statute, order, or regulation controls. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |