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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain counties to adopt buffer zone |
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regulations and comprehensive land development plans; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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amended by adding Chapter 231A to read as follows: |
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CHAPTER 231A. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES |
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Sec. 231A.001. PURPOSE. The powers granted under this |
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chapter are for the purpose of promoting the public health, safety, |
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or general welfare. |
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Sec. 231A.002. APPLICABILITY. This chapter applies only to |
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a county with a population of more than one million in which a |
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national wildlife refuge is wholly or partly located. |
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Sec. 231A.003. DEFINITIONS. In this chapter: |
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(1) "Agricultural use" means use or activity involving |
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agriculture. |
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(2) "Agriculture" means: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, seed for planting, or the production of |
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fibers; |
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(B) practicing floriculture, viticulture, |
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silviculture, or horticulture; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food, fiber, leather, |
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pelts, or other tangible products having commercial value, with the |
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exception of feedlots; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in a government program or normal crop or |
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livestock rotation procedure; or |
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(E) engaging in wildlife management. |
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(3) "Buffer zone" means the distance between a |
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structure, device, item, equipment, or enclosure used for an |
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activity at the site of an industry and the nearest property |
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boundary of a land use described by Section 231A.004(a). |
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(4) "Industry" means use or activity involving: |
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(A) manufacturing; |
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(B) light or heavy industry; |
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(C) transportation facilities, including |
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trucking depots, marinas, or airports; |
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(D) resource extraction, including mining or |
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construction materials processing; or |
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(E) warehousing. |
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Sec. 231A.004. BUFFER ZONE REGULATION. (a) Except as |
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provided by Subsection (c), the commissioners court of a county may |
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adopt a regulation under this chapter to require a buffer zone |
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between an industry and a residential area, hospital, elder-care |
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facility, school, day-care facility, church, or similar land use |
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that the commissioners court finds to be incompatible with the |
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industry. |
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(b) A buffer zone adopted under this chapter must be: |
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(1) reasonably necessary to protect public health, |
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safety, or general welfare; and |
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(2) related and in proportion to the impact the |
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industry has on public health, safety, or general welfare. |
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(c) A commissioners court may not regulate under this |
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chapter: |
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(1) a tract of land devoted to agricultural use; |
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(2) an activity or a structure or appurtenance on a |
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tract of land devoted to agricultural use; |
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(3) land used for: |
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(A) operating a pipeline, including a common |
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carrier pipeline as defined by Section 111.002, Natural Resources |
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Code, over which the Railroad Commission of Texas has jurisdiction; |
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or |
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(B) drilling or operating an oil or gas well; or |
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(4) an interstate gas pipeline facility as defined by |
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49 U.S.C. Section 60101. |
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Sec. 231A.005. COMPLIANCE WITH COUNTY COMPREHENSIVE PLAN. |
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A buffer zone regulation adopted under this chapter must be: |
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(1) adopted in accordance with a county comprehensive |
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plan adopted under Section 231A.007; and |
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(2) coordinated with the comprehensive plans of |
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municipalities located in the county. |
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Sec. 231A.006. PROCEDURE GOVERNING ADOPTION OF |
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REGULATIONS. (a) The commissioners court shall establish a |
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technical advisory committee to develop and recommend buffer zone |
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regulations to the court. The commissioners court shall appoint |
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the members of the committee. The committee must include industry |
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representatives. |
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(b) A buffer zone regulation under this chapter is not |
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effective until the regulation is adopted by the commissioners |
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court after a public hearing. Before the 15th day before the date |
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of the hearing, the commissioners court must publish notice of the |
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hearing in a newspaper of general circulation in the county. |
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(c) The commissioners court may establish or amend a buffer |
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zone regulation only by an order passed by a majority vote of the |
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full membership of the court. |
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Sec. 231A.007. COMPREHENSIVE PLAN. (a) The commissioners |
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court may adopt a comprehensive plan for land development in the |
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unincorporated area of the county. |
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(b) The comprehensive plan must be designed to: |
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(1) lessen congestion in the streets; |
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(2) secure safety from fire, panic, and other dangers; |
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(3) promote health and the general welfare; |
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(4) provide adequate light and air; or |
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(5) facilitate the adequate provision of |
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transportation, water, sewers, schools, parks, and other public |
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requirements. |
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(c) A comprehensive plan must be consistent with the |
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comprehensive plans of municipalities located in the county. |
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Sec. 231A.008. INCENTIVES. The commissioners court may |
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provide incentives to a person who develops land in the |
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unincorporated area of the county in compliance with the county |
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comprehensive plan adopted under Section 231A.007. |
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Sec. 231A.009. SPECIAL EXCEPTION. (a) A person aggrieved |
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by a buffer zone regulation adopted under this chapter may petition |
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the commissioners court for a special exception to the regulation |
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adopted by the commissioners court. |
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(b) The commissioners court may grant a special exception |
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that allows for the reduction or elimination of a buffer zone if the |
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person subject to the buffer zone requirement can demonstrate that |
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the reduction or elimination of the buffer zone adequately protects |
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the public health, safety, or general welfare. |
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(c) The commissioners court shall adopt procedures |
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governing applications, notice, hearings, and other matters |
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relating to the grant of a special exception. |
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Sec. 231A.010. ENFORCEMENT; PENALTY. (a) The |
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commissioners court may adopt orders to enforce this chapter or an |
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order or buffer zone regulation adopted under this chapter. |
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(b) A person commits an offense if the person violates an |
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order or regulation adopted under this chapter. An offense under |
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this subsection is a misdemeanor punishable by a fine of not less |
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than $500 or more than $1,000. Each day that a violation occurs |
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constitutes a separate offense. Trial shall be in the district |
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court. |
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Sec. 231A.011. COOPERATION WITH MUNICIPALITIES. The |
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commissioners court by order may enter into agreements with any |
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municipality located in the county to assist in the implementation |
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and enforcement of buffer zone regulations adopted under this |
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chapter. |
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Sec. 231A.012. EXISTING AUTHORITY UNAFFECTED. The |
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authority granted by this chapter does not affect the authority of |
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the commissioners court to adopt an order to regulate land |
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development under other law. |
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Sec. 231A.013. CONFLICT WITH OTHER LAWS. If a buffer zone |
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regulation adopted under this chapter imposes higher standards than |
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those required under another statute or local order or regulation, |
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the regulation adopted under this chapter controls. If the other |
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statute or local order or regulation imposes higher standards, that |
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statute, order, or regulation controls. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |