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.