HBA-NIK C.S.S.B. 709 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 709
By: Sibley
Land & Resource Management
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is no control over development in unincorporated areas of
Hood County and the cities of Granbury, Tolar, and Lipan.  There is concern
that the development occurring in these area may need regulation. C.S.S.B.
709 grants limited control over development in unincorporated areas in
order to protect public health, safety, general welfare, and prevent
pollution of the Brazos River and Lake Granbury. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 231, Local Government Code, by adding Subchapter
K, as follows: 

SUBCHAPTER K. DEVELOPMENT REGULATIONS IN HOOD COUNTY

Sec. 231.221. LEGISLATIVE FINDINGS; PURPOSE. Sets forth legislative
findings relating to the development of the area around Hood County.
Provides that the powers granted under this subchapter are for the purpose
of promoting the public health, safety, peace, morals, and general welfare;
encouraging recreation; and safeguarding and preventing the pollution of
the state's rivers and lakes. 

Sec. 231.222. AREAS SUBJECT TO REGULATION.  Provides that this subchapter
applies only to the unincorporated areas of Hood County. 

Sec. 231.223. DEVELOPMENT REGULATIONS GENERALLY.  Authorizes the
Commissioners Court of Hood County to regulate the enumerated concerns
relating to the location, design, construction, extension, size, and
installation of specified infrastructure. 

Sec. 231.224. COMPLIANCE WITH COUNTY PLAN. Provides that development
regulations must be adopted in accordance with a county plan for growth and
development of the county, and coordinated with the comprehensive plans of
municipalities located in the county. 

Sec. 231.225. DISTRICTS. Authorizes the commissioners court to divide the
unincorporated area of the county into districts of a number, shape, and
size the court considers best for carrying out this subchapter. Authorizes
development regulations to vary from district to district. 

Sec. 231.226. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT
BOUNDARIES. (a) Provides that a development regulation adopted under this
subchapter is not effective until it is adopted by the commissioners court
after a public hearing. Provides that 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. 

 (b) Authorizes the commissioners court to establish or amend a development
regulation only by an order passed by a majority vote of the full
membership of the court. 

Sec. 231.227. DEVELOPMENT COMMISSION.  Authorizes the commissioners court
to appoint a development commission to assist in the implementation and
enforcement of development regulations adopted under this subchapter.
Provides that the development commission must consist of an ex officio
chairman who must be a public official in Hood County and four additional
members. Provides that the development commission is advisory only and is
authorized to recommend appropriate development regulations for the county.
Provides that the members of the development commission are subject to the
same requirements relating to conflicts of interest that are applicable to
the commissioners court under Chapter 171 (Regulation of Conflicts of
Interest of Officers of Municipalities, Counties, and Certain Other Local
Governments), Local Government Code. 

Sec. 231.228. SPECIAL EXCEPTION.  Authorizes a person aggrieved by a
development regulation adopted under this subchapter to petition the
commissioners court or the development commission, if the commissioners
court has established a development commission, for a special exception to
a development regulation adopted by the commissioners court. Requires the
commissioners court to adopt procedures governing applications, notice,
hearings, and other matters relating to the grant of a special exception. 

Sec. 231.229. ENFORCEMENT; PENALTY. Authorizes the commissioners court to
adopt orders to enforce this subchapter or an order or development
regulation adopted under this subchapter. Provides that a person commits an
offense if the person violates this subchapter or an order or development
regulation adopted under this subchapter. Provides that an offense under
this subsection is a misdemeanor punishable by a fine of not less than $500
or more than $1,000.  Provides that each day that a violation occurs
constitutes a separate offense. Requires trial to be in the district court. 

Sec. 231.230. COOPERATION WITH MUNICIPALITIES. Authorizes the commissioners
court by order to enter into agreement with any municipality located in the
county to assist in the implementation and enforcement of development
regulations adopted under this subchapter. 

Sec. 231.231. CONFLICT WITH OTHER LAWS.  Provides that if a development
regulation adopted under this subchapter imposes higher standards than
those required under another statute or local order or regulation, the
regulation adopted under this subchapter controls. Provides that if the
other statute or local order or regulation imposes higher standards, that
statute, order, or regulation controls. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 709 modifies SECTION 1 of the original bill in proposed Section
231.223, by removing the percentage of a lot that may be occupied or
developed, population density, and the size of buildings from the list of
things which the Commissioners Court of Hood County is authorized to
regulate.  Redesignates Subdivisions (4)-(8) as (1)-(5).  

C.S.S.B. 709 modifies proposed Section 231.227 of the original bill by
adding a new Subsection (d), to provide that the members of the development
commission are subject to the same requirements relating to conflicts of
interest that are applicable to the commissioners court under Chapter 171
(Regulation of Conflicts of Interest of Officers of Municipalities,
Counties, and Certain Other Local Governments), Local Government Code.