Bill Text: TX SJR40 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Proposing a constitutional amendment authorizing a county to regulate land development if approved by a majority vote in a countywide election.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-04-11 - Co-author authorized [SJR40 Detail]

Download: Texas-2011-SJR40-Comm_Sub.html

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By: Lucio, Davis S.J.R. No. 40
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on International Relations and
Trade; April 7, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; April 7, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.J.R. No. 40 By: Lucio

SENATE JOINT RESOLUTION
proposing a constitutional amendment authorizing a county to
regulate land development if approved by a majority vote in a
countywide election.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article IX, Texas Constitution, is amended by
adding Section 15 to read as follows:
Sec. 15. (a) A county may exercise limited
ordinance-making authority for the purpose of regulating land
development in the unincorporated area of the county if that
authority is approved by a majority vote of the qualified voters
voting in an election called by the commissioners court of the
county for that purpose.
(b) Regulations adopted under authority granted as provided
by this section may include regulations relating to land use
compatibility, public safety and fire hazards, land density, and
use or conservation of water and other natural resources.
(c) The authority granted under this section does not
authorize the commissioners court or governing body to adopt an
order that:
(1) limits or otherwise impairs the rights of
individuals or entities in the exploration, development,
processing, refining, or production of oil, gas, or other minerals;
or
(2) regulates a tract of land that is appraised as
agricultural or open-space land.
(d) The ballot proposition for an election held by a county
under this section shall permit voting for or against the
proposition: "Granting (name of county) the authority to regulate
land development in the unincorporated area of the county."
(e) An election under this section shall be ordered and held
as provided by general law.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment authorizing a county to
regulate land development if approved by a majority vote in a
countywide election."
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