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.