HBA-JLV H.B. 3127 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3127
By: Walker
Land & Resource Management
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Following the 76th Legislative Session, the House Committee on Land and
Resource Management was charged by the speaker of the house of
representatives to study the ability of counties to provide for appropriate
growth and development in unincorporated areas while balancing private
property rights. House Bill 3127 addresses the concerns that were expressed
by county officials during interim committee meetings, by granting counties
the authority to regulate the location and use of buildings, other
structures, and land for business or industrial purposes. 

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. 

ANALYSIS

House Bill 3127 amends the Local Government Code to set forth county
development regulations in certain unincorporated areas.  The bill
authorizes the commissioners court (court) to regulate the location and use
of buildings, other structures, and land for business or industrial
purposes.  The bill prohibits the court to regulate the locations and use
of buildings, other structures, and land for residential or agricultural
purposes. 

The bill requires a person who desires to locate or use buildings, other
structures, or land for business or industrial purposes to file a permit
application with the county and authorizes the county to assess an
application fee.  Upon filing of the application, the bill requires the
county to provide notice of the filing of the application and the proposed
use to each owner of property that is located within 1,000 feet of property
affected by the change or to the person who renders the property for county
taxes.  If a written protest from a person receiving notice is filed with
the county within 30 days of the mailing of the notice, the court is
required to conduct a hearing on the application and the affirmative vote
of at least four members of the court is required to issue the permit.  The
bill provides that if no written protest is filed within 30 days, the
permit shall be automatically issued. 

The bill provides that a permit issued by the county may be assigned and
transferred to another person upon filing of a notice of assignment with
the county.  The bill provides that any proposed change in the location or
use of buildings, other structures, or land for other business or
industrial purposes shall require a new permit.   

The bill authorizes the court to divide the area in its county into
districts of a number, shape, and size the court considers best, provided
that no portion of an election precinct may be located in more than one
district. 

The bill sets forth provisions requiring the court to publish notice of its
intent to consider an order  at least once in a newspaper of general
circulation in the county.  After the public hearing, the court is
authorized to adopt the order. 

 The bill prohibits a court from adopting an order to operate if before the
adoption of the order, the county clerk of the county receives a petition
signed by at least five percent of the qualified voters in the
unincorporated areas of the county and the county clerk certifies that the
petition is valid unless the order is approved at an election.  The bill
sets forth provisions relating to the validity of a petition. 

The bill authorizes the court to adopt orders to enforce these provisions.
The bill provides that if a person violates these provisions, then a person
commits a Class B misdemeanor, and each day that a  violation occurs is a
separate offense.  The bill provides for a civil penalty of not more than
$1000 for each violation and sets forth provisions regarding a civil action
to enforce these provisions. 

The bill provides that these provisions do not apply to the location or use
of buildings, other structures or land for business or industrial purposes
operating under a permit issued by a state or federal agency.  The bill
provides that a refusal to issue a permit is reviewable by a court of
competent jurisdiction under the substantial evidence rule if suit is filed
within 30 days after the permit is refused.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.