HB 108

By: Zwiener
  H.B. No. 108
  A BILL TO BE ENTITLED
  AN ACT
  relating to the authority of a county to establish drainage
  utilities, impose drainage fees, and regulate land use for the
  purpose of flood management.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 240, Local Government
  Code, is amended by adding Section 240.906 to read as follows:
         Sec. 240.906.  LAND USE REGULATION FOR FLOOD CONTROL.  (a)
  The commissioners court of a county by order may adopt land use
  regulations for the purpose of flood management.  The order may
  include:
               (1)  impervious cover regulations that do not prohibit
  all development in a floodplain or flood zone;
               (2)  setback and lot size standards;
               (3)  landscaping standards; and
               (4)  any other land use issue applicable to flood
  management.
         (b)  A commissioners court may not adopt an order under this
  section unless the regulations included in the order are rationally
  related to flood management.
         (c)  To the extent of a conflict between a county order
  adopted under this section and a municipal ordinance or other
  regulation regulating the same conduct, the municipal ordinance or
  regulation prevails.
         SECTION 2.  The heading to Section 395.079, Local Government
  Code, is amended to read as follows:
         Sec. 395.079.  IMPACT FEE FOR STORM WATER, DRAINAGE, AND
  FLOOD CONTROL [IN POPULOUS COUNTY].
         SECTION 3.  Section 395.079(a), Local Government Code, is
  amended to read as follows:
         (a)  A [Any] county or [that has a population of 3.3 million
  or more or that borders a county with a population of 3.3 million or
  more, and] any district or authority created under Article XVI,
  Section 59, of the Texas Constitution [within any such county] that
  is authorized to provide storm water, drainage, and flood control
  facilities[,] is authorized to impose impact fees to provide storm
  water, drainage, and flood control improvements necessary to
  accommodate new development.
         SECTION 4.  Chapter 561, Local Government Code, is amended
  by adding Section 561.0075 to read as follows:
         Sec. 561.0075.  COUNTY DRAINAGE SYSTEM.  (a)  Subject to the
  provisions of this section, a county may acquire, own, finance, or
  operate, or contract for the operation of, a drainage utility
  system to serve an unincorporated area of the county in the same
  manner as a municipality under Subchapter C, Chapter 552, that has
  adopted that subchapter, and for the purposes of this section the
  provisions of that subchapter apply to a county.
         (b)  The service area of a county drainage utility system may
  include the unincorporated areas of the county which, as a result of
  topography or hydraulics, contribute overland flow into the
  watersheds served by the drainage system of the county, except that
  the service area may not include a municipality's extraterritorial
  jurisdiction. The service area must be established in the order
  establishing the drainage utility.
         (c)  The commissioners court of a county by order may adopt
  regulations it considers appropriate to operate a drainage utility
  system.
         (d)  A user residing in the service area of an affected
  county, as defined by Section 13.002, Water Code, may appeal the
  county's rates established for drainage charges under Section
  13.043(b) of that code.
         (e)  Section 552.053(e) does not apply to a county drainage
  charge, order, or rule.
         (f)  This section does not preclude a county from:
               (1)  utilizing revenues, other than drainage utility
  revenues, for drainage purposes; or
               (2)  imposing impact fees or other charges for drainage
  authorized by law.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.