82R6392 PAM-F
 
  By: Phillips H.B. No. 935
 
 
 
 
A BILL TO BE ENTITLED
 
 
AN ACT
 
  relating to the protection of water quality in certain bodies of
 
  water.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  The heading to Subchapter G, Chapter 231, Local
 
  Government Code, is amended to read as follows:
 
  SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE
 
  RALPH HALL, [AND] POST LAKE, AND LOWER BOIS D'ARC CREEK RESERVOIR
         
         SECTION 2.  Section 231.131(a), Local Government Code, is
 
  amended to read as follows:
         
         (a)  The legislature finds that:
               
               (1)  the areas that surround Lake Alan Henry, Lake
 
  Cooper, Lake Ralph Hall, [and] Post Lake, and Lower Bois D'Arc Creek
 
  Reservoir are or will be frequented for recreational purposes by
 
  residents from every part of the state;
               
               (2)  development in the area, including the
 
  construction of on-site water treatment systems or other sources of
 
  contamination, may impact the water quality in the lakes and the
 
  reservoir;
               
               (3) [(2)]  orderly development and use of the area is
 
  of concern to the entire state; and
               
               (4) [(3)]  buildings in the area that will be
 
  frequented for resort or recreational purposes will tend to become
 
  congested and to be used in ways that interfere with the proper use
 
  of the area as a place of recreation to the detriment of the public
 
  health, safety, morals, and general welfare.
         
         SECTION 3.  Sections 231.132(a) and (b), Local Government
 
  Code, are amended to read as follows:
         
         (a)  This subchapter applies to:
               
               (1)  those parts of Garza County located within three
 
  miles of the high water marks established for Lake Alan Henry and
 
  Post Lake except land located in Garza County and owned by the White
 
  River Municipal Water District;
               
               (2)  those parts of Kent County located within three
 
  miles of the high water marks established for Lake Alan Henry;
               
               (3)  the area within 10,000 feet of where the shoreline
 
  of Lake Cooper would be if the lake were filled to its storage
 
  capacity; [and]
               
               (4)  the area within 5,000 feet of where the shoreline
 
  of Lake Ralph Hall would be if the lake were filled to its storage
 
  capacity; and
               
               (5)  the area within 5,000 feet of where the shoreline
 
  of the Lower Bois D'Arc Creek Reservoir would be if the reservoir
 
  were filled to its storage capacity.
         
         (b)  The areas described by Subsection (a) are subject to
 
  regulation under this subchapter regardless of whether the
 
  construction of an affected lake or reservoir is complete.
         
         SECTION 4.  Section 231.132(c), Local Government Code, is
 
  repealed.
         
         SECTION 5.  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.