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Amend CSSB 3 by inserting the following appropriately
numbered Articles to the bill and renumbering subsequent Articles
of the bill accordingly:
ARTICLE ____. ZONING AROUND FALCON LAKE
SECTION ____.01. Chapter 231, Local Government Code, is
amended by adding Subchapter L to read as follows:
SUBCHAPTER L. ZONING AROUND FALCON LAKE
Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds Falcon Lake in Zapata
County is frequented for recreational purposes by residents from
every part of the state;
(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 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 promoting the public health, safety, peace, morals, and
general welfare and encouraging the recreational use of county
land.
Sec. 231.252. AREAS SUBJECT TO REGULATION. This
subchapter applies only to the unincorporated area of Zapata County
located within 25,000 feet of:
(1) the project boundary line for Falcon Lake; and
(2) the Rio Grande.
Sec. 231.253. FALCON LAKE PLANNING COMMISSION. (a) A lake
planning commission is established for the area subject to this
subchapter. The commission is composed of:
(1) four residents of Zapata County, with one resident
from each of the county commissioners precincts, appointed by that
precinct's commissioner; and
(2) a person, who shall serve as the commission's
presiding officer, appointed by the county judge of Zapata County.
(b) Except as provided by Subsection (c), the members of the
commission shall be appointed for two-year terms that expire
February 1 of each odd-numbered year.
(c) The terms of the initial members of the commission
expire on February 1 of the first February in an odd-numbered year
following their appointment.
(d) The commissioners court of Zapata County may employ
staff for the commission to use in performing the commission's
functions.
Sec. 231.254. COMMISSION STUDY AND REPORT; HEARING. (a) At
the request of the commissioners court of Zapata County, the
commission shall, or on the lake planning commission's own
initiative, the commission may, conduct studies of the area subject
to this subchapter and prepare reports to advise the commissioners
court about matters affecting that area, including any need for
zoning regulations in that area.
(b) Before the commission may prepare a report, the
commission must hold a public hearing in which members of the public
may offer testimony regarding any subject to be included in the
commission's report. The commission shall provide notice of the
hearing as required by the commissioners court.
Sec. 231.255. ZONING REGULATIONS. After receiving a report
from the lake planning commission under Section 231.254, the
commissioners court of Zapata County may adopt zoning regulations
for the area subject to this subchapter and in accordance with the
report that regulate:
(1) the height, number of stories, and size of
buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; and
(6) the placement of water and sewage facilities,
parks, and other public requirements.
Sec. 231.256. DISTRICTS. (a) The commissioners court may
divide the area in the county that is subject to this subchapter
into districts of a number, shape, and size the court considers best
for carrying out this subchapter. Within each district, the
commissioners court may regulate the erection, construction,
reconstruction, alteration, repair, or use of buildings, other
structures, or land.
(b) The zoning regulations must be uniform for each class or
kind of building in a district, but the regulations may vary from
district to district. The regulations shall be adopted with
reasonable consideration, among other things, for the character of
each district and its peculiar suitability for particular uses,
with a view of conserving the value of buildings and encouraging the
most appropriate use of land throughout the area.
Sec. 231.257. ENFORCEMENT; PENALTY; REMEDIES. (a) The
commissioners court may adopt orders to enforce this subchapter,
any order adopted under this subchapter, or a zoning regulation.
(b) A person commits an offense if the person violates this
subchapter, an order adopted under this subchapter, or a zoning
regulation. An offense under this subsection is a misdemeanor,
punishable by fine, imprisonment, or both, as provided by the
commissioners court. The commissioners court may also provide
civil penalties for a violation.
(c) If a building or other structure is erected,
constructed, reconstructed, altered, repaired, converted, or
maintained or if a building, other structure, or land is used in
violation of this subchapter, an order adopted under this
subchapter, or a zoning regulation, the appropriate county
authority, in addition to other remedies, may institute appropriate
action to:
(1) prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or
use;
(2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure,
or land; or
(4) prevent any illegal act, conduct, business, or use
on or about the premises.
ARTICLE ____. WATER DEVELOPMENT BOARD
SECTION ____.01. Section 16.344, Water Code, is amended by
adding Subsections (d), (e), (f), (g), (h), and (i) to read as
follows:
(d) Notwithstanding Section 16.343(g) or Section 16.350(a),
a political subdivision may temporarily continue to receive funds
under Subchapter K, Chapter 17, if the political subdivision
submits a request for temporary continuation of funding and the
board determines that:
(1) the political subdivision's initial funding
application and any amendments for a designated area were reviewed
and approved by the board before January 1, 2007;
(2) withholding funds would result in an undue
hardship for occupants of the property to be served by unreasonably
delaying the provision of adequate water or wastewater services;
(3) withholding funds would result in inefficient use
of local, state, or federal funds under the program;
(4) the political subdivision has committed to take
the necessary and appropriate actions to correct any deficiencies
in adoption or enforcement of the model rules within the time
designated by the board, but not later than the 90th day after the
date the board makes the determinations under this subsection;
(5) the political subdivision has sufficient
safeguards in place to prevent the proliferation of colonias; and
(6) during the 30 days after the date the board
receives a request under this subsection, the board, after
consulting with the attorney general, secretary of state, and
commission, has not received an objection from any of those
entities to the request for temporary continuation of funding.
(e) In applying Subsection (d) to applications for
increased financial assistance, the board shall only consider areas
that were included in the initial application, except that the
board may reconsider the eligibility of areas that were the subject
of a facility plan in the initial application and that may be
determined to be eligible based on criteria in effect September 1,
2005.
(f) The political subdivision shall take necessary and
appropriate actions to correct any deficiencies in its adoption and
enforcement of the model rules within the time period required by
the board, not to exceed the 90-day period described by Subsection
(d)(4), and provide evidence of compliance to the board. The board
shall discontinue funding unless the board makes a determination
based on the evidence provided that the political subdivision has
demonstrated sufficient compliance to continue funding.
(g) Except as provided by Subsections (d)-(f), if the board
determines that a county or city that is required to adopt and
enforce the model rules is not enforcing the model rules, the board
shall discontinue funding for all projects within the county or
city that are funded under Subchapter K, Chapter 17.
(h) The board may not accept or grant applications for
temporary funding under Subsection (d) after June 1, 2009.
(i) Subsections (d), (e), (f), (g), and (h) and this
subsection expire September 1, 2009.