87R6381 MP-D     By: Reynolds H.B. No. 1719       A BILL TO BE ENTITLED   AN ACT   relating to development regulations in Fort Bend County near the   Brazos River; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 231, Local Government Code, is amended   by adding Subchapter N to read as follows:   SUBCHAPTER N. ZONING AROUND THE BRAZOS RIVER IN FORT BEND COUNTY          Sec. 231.301.  LEGISLATIVE FINDINGS; PURPOSE. (a) The   legislature finds that:                (1)  the area that surrounds the Brazos River in Fort   Bend County:                      (A)  is frequented for recreational purposes by   residents from every part of the state; and                      (B)  is critical for the bays and estuaries in the   Gulf of Mexico;                (2)  orderly development and use of the area is of   concern to the entire state; and                (3)  buildings in the area that are frequented for   resort or recreational purposes tend to become congested and tend   to be used in ways that interfere with the proper use of the area as   a place of recreation to the detriment of the public health, safety,   morals, and general welfare.          (b)  The powers granted under this subchapter are for the   purpose of:                (1)  promoting the public health, safety, peace,   morals, and general welfare;                (2)  encouraging tourism and recreation; and                (3)  safeguarding and preventing the pollution of the   state's water resources.          Sec. 231.302.  AREAS SUBJECT TO REGULATION. This subchapter   applies only to the unincorporated areas of Fort Bend County within   500 feet of the Brazos River.          Sec. 231.303.  DEVELOPMENT REGULATIONS GENERALLY. The   commissioners court of Fort Bend County may regulate:                (1)  the percentage of a lot that may be occupied or   developed;                (2)  population density;                (3)  the size and location of buildings; and                (4)  the location, design, construction, extension,   and size of streets and roads.          Sec. 231.304.  RELATIONSHIP TO COUNTY AND MUNICIPAL PLANS.   Development regulations must be:                (1)  adopted in accordance with a county plan for   growth and development of the county; and                (2)  coordinated with the comprehensive plans of   municipalities located in the county.          Sec. 231.305.  DISTRICTS. (a) The commissioners court may   divide the unincorporated area of the county into districts of a   number, shape, and size the court considers best for carrying out   this subchapter.          (b)  Development regulations may vary from district to   district.          Sec. 231.306.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS   AND DISTRICT BOUNDARIES. (a) A development regulation adopted   under this subchapter is not effective until it is adopted by the   commissioners court after a public hearing. 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)  The commissioners court may establish or amend a   development regulation only by an order passed by a majority vote of   the full membership of the court.          Sec. 231.307.  DEVELOPMENT COMMISSION. (a)  The   commissioners court may appoint a development commission to assist   in the implementation and enforcement of development regulations   adopted under this subchapter.          (b)  The development commission must consist of an ex officio   chair who must be a public official in Fort Bend County and four   additional members.          (c)  The development commission is advisory only and may   recommend appropriate development regulations for the county.          (d)  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.          Sec. 231.308.  SPECIAL EXCEPTION. (a) A person aggrieved by   a regulation adopted under this subchapter may petition the   commissioners court for a special exception to the regulation.          (b)  The commissioners court may grant a special exception to   the regulation if the person who petitioned under Subsection (a)   demonstrates that the requested exception adequately protects the   public health, safety, or general welfare.          (c)  The commissioners court shall adopt procedures   governing applications, notice, hearings, and other matters   relating to the grant of a special exception.          Sec. 231.309.  ENFORCEMENT; CRIMINAL PENALTY. (a) The   commissioners court may adopt orders to enforce this subchapter or   an order or regulation adopted under this subchapter.          (b)  A person commits an offense if the person violates an   order or regulation adopted under this subchapter. An offense   under this subsection is a misdemeanor punishable by a fine of not   less than $500 or more than $1,000. Each day that a violation   occurs constitutes a separate offense.          Sec. 231.310.  COOPERATION WITH MUNICIPALITIES. The   commissioners court by order may enter into agreements with any   municipality located in the county to assist in the implementation   and enforcement of development regulations adopted under this   subchapter.          Sec. 231.311.  CONFLICT WITH OTHER LAWS. 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.   If the other statute or local order or regulation imposes higher   standards, that statute, order, or regulation controls.          SECTION 2.  This Act takes effect September 1, 2021.