By McDonald H.B. No. 1583 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to granting the commissioners court of specific border 1-3 counties authority to regulate the use of land in unincorporated 1-4 areas; providing penalties; and declaring an emergency. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. SHORT TITLE. This Act may be cited as the Border 1-7 County Land Management and Development Act. 1-8 The purpose of this Act is to promote the public health, 1-9 safety and welfare, encourage the efficient use of land for 1-10 business and commerce and protect and preserve places and areas 1-11 that are useful for agricultural production or of historic or 1-12 cultural importance. 1-13 Sec. 239.001. APPLICABILITY. (a) This chapter applies only 1-14 to a county that; 1-15 (1) borders the Republic of Mexico; and 1-16 (2) has a population of 30,000 or more. 1-17 Sec. 239.002 TERRITORIAL JURISDICTION. The authority 1-18 granted the commissioners court under this chapter may be exercised 1-19 only with respect to land in unincorporated territory. For the 1-20 purposes of this chapter "unincorporated territory" means territory 1-21 outside the corporate limits of a municipality. 1-22 Sec. 239.003 COUNTY REGULATIONS. (a) To accomplish the 1-23 purposes of this chapter, the commissioners court of a county by 2-1 order may adopt regulations as to: 2-2 (1) the height, number of stories, and size of the 2-3 structures; 2-4 (2) the percentage of a lot which may be occupied by 2-5 structures; 2-6 (3) the size of yards, and other open spaces; 2-7 (4) population density; 2-8 (5) the location and use of land and structures for 2-9 business trade, industry, residence, and other purposes; and 2-10 (6) the construction, alteration, reconstruction, or 2-11 razing of structures. 2-12 (b) Regulations adopted under this chapter shall be made in 2-13 accordance with a comprehensive plan and be designed to: 2-14 (1) lessen congestion in streets and roads; 2-15 (2) secure safety from fire, panic, and other dangers; 2-16 (3) provide adequate light and air; 2-17 (4) promote public health, safety and the general 2-18 welfare; 2-19 (5) prevent the overcrowding of land and undue 2-20 population concentration; 2-21 (6) facilitate the adequate provision of 2-22 transportation, water and sewerage service, parks, and other public 2-23 facilities and services; 2-24 (7) promote commerce through the efficient, orderly 2-25 use of land; 3-1 (8) protect and preserve places and areas that are 3-2 useful for agricultural production, environmentally sensitive, or 3-3 of historic or cultural importance. 3-4 (c) The Regulations must be made with reasonable 3-5 consideration of the character of the area and its suitability for 3-6 particular uses and with a view to conserving the value of 3-7 buildings and encouraging the most appropriate use of land. 3-8 239.004 DISTRICTS. (a) The commissioners court by order 3-9 may divide any or all of the unincorporated territory of the county 3-10 into districts of a number, shape, and size it finds most 3-11 appropriate. 3-12 (b) Regulations adopted under this chapter must apply 3-13 uniformly throughout each district, but they may vary from district 3-14 to district. 3-15 239.005 PROCEDURES GOVERNING ADOPTION OF REGULATIONS AND 3-16 DISTRICT BOUNDARIES: (a) The commissioners court may not adopt, 3-17 alter, or repeal a regulation or district boundary unless it has 3-18 first: 3-19 (1) received the recommendation of the land management 3-20 and development commission with respect to the proposed action 3-21 under Section 239.007 of this Act; and 3-22 (2) held a public hearing on the proposed action at 3-23 which all interested parties have an opportunity to be heard. 3-24 (b) The public hearing must be preceded by at least 15 days 3-25 notice of the time, place, and subject of the hearing, published in 4-1 a newspaper of general circulation in the county. 4-2 (c) When the commissioners court proposes to change or 4-3 repeal a regulation or district boundary, if a protest is filed 4-4 with the clerk of the commissioners court before the close of the 4-5 public hearing, signed by owners of property constituting 20 4-6 percent of the area affected by the proposed change or by owners of 4-7 property constituting 20 percent of the area included in the lots 4-8 or parcels of land adjoining the area affected by the proposed 4-9 change, the commissioners court by order, may provide that any 4-10 final action must be approved by a four-fifths vote of the 4-11 commissioners court. 4-12 239.006 LAND MANAGEMENT AND DEVELOPMENT COMMISSION. (a) To 4-13 exercise the powers authorized by this chapter, the commissioners 4-14 court shall appoint a Land Management and Development Commission or 4-15 may enter into a services agreement with a planning agency pursuant 4-16 to Chapter 391, Texas Local Government Code, to perform the 4-17 functions of the commission. The commission shall recommend 4-18 boundaries for the original zoning districts and appropriate zoning 4-19 regulations for each district. The commission must consist of 4-20 seven members, each of whom must be a resident of the county. 4-21 (b) The commission shall elect from its membership a 4-22 chairman, to serve for any tenure the commission chooses, except 4-23 that the tenure of the chairman may not extend beyond the member's 4-24 term on the commission. If the chairman is absent from a meeting 4-25 or for any reason is unable to preside, the commission may elect 5-1 from its members an acting chairman for that meeting. 5-2 (c) The commission may employ a secretary and other 5-3 professional and clerical employees, to be compensated by the 5-4 county in an amount not greater than is determined by the 5-5 commissioners court. 5-6 239.007 POWERS AND DUTIES OF COMMISSION. (a) The land 5-7 management and development commission shall make a report to the 5-8 commissioners court as to proposed district boundaries and 5-9 regulations to be adopted with respect to the various districts. 5-10 Before making the report, the commission shall hold public hearings 5-11 and issue preliminary reports. 5-12 (b) After the commission makes its final report under 5-13 subsection (a) of this section, it shall meet as often as it 5-14 considers necessary to hold hearings and make recommendations for 5-15 proposed changes in the district boundaries or regulations. 5-16 (c) The commission may not make a recommendation to the 5-17 commissioners court under this section unless it first holds a 5-18 public hearing on the matter, preceded by at least 10 days' written 5-19 notice of the hearing given to all owners of property directly 5-20 affected by the recommendation, and all persons owning property 5-21 within 200 feet of the affected property. Notice may be served by 5-22 depositing it, properly addressed with postage paid, in the United 5-23 States Mail. 5-24 239.008 BOARD OF ADJUSTMENT. (a) The commissioners court 5-25 may provide for the appointment of a board of adjustment. The 6-1 commissioners court may authorize the board of adjustment, in 6-2 appropriate cases and subject to appropriate conditions and 6-3 safeguards, to make special exceptions to the regulations adopted 6-4 under this chapter. Such exceptions must be consistent with the 6-5 general purposes and intent of the regulations and comprehensive 6-6 plan. 6-7 (b) A board of adjustment must consist of five members to be 6-8 appointed for terms of two years. The commissioners court may 6-9 remove a board member for case on a written charge after a public 6-10 hearing. A vacancy on the board shall be filled for the unexpired 6-11 term. Each case before the board of adjustment must be heard by at 6-12 least four members. 6-13 (c) The board shall elect from its membership a chairman, to 6-14 serve for any tenure the board chooses, except that the tenure of 6-15 the chairman may not extend beyond his term on the board. The 6-16 board may elect other officers. 6-17 (d) The commissioners court may provide for the appointment 6-18 of four alternate board members to serve in the absence of one or 6-19 more regular members. An alternate member serves for the same 6-20 period as a regular member and is subject to removal in the same 6-21 manner as a regular member. A vacancy among the alternate members 6-22 is filled in the same manner as a vacancy among the regular 6-23 members. 6-24 (e) The board shall adopt rules in accordance with any 6-25 regulation adopted under this chapter. Meetings of the board are 7-1 held at the call of the chairman and at other times as determined 7-2 by the board. The chairman or acting chairman may administer oaths 7-3 and compel the attendance of witnesses. All meetings of the board 7-4 shall be open to the public. 7-5 239.010 POWERS OF BOARD OF ADJUSTMENT. The board of 7-6 adjustment may: 7-7 (1) hear and decide appeals where it is alleged that 7-8 there is an error in any action by an administrative official in 7-9 the enforcement of this chapter or in the enforcement of any order 7-10 or regulation adopted under this chapter; 7-11 (2) hear and decide special exceptions to the terms of 7-12 an order when the board is required to pass on the order; and 7-13 (3) authorize on appeal in specific cases any variance 7-14 from the terms of an order as will not be contrary to the public 7-15 interest if, because of special circumstances, a literal 7-16 enforcement of the order will result in unnecessary hardship and if 7-17 the spirit of the order will be observed and substantial justice 7-18 done. 7-19 Sec. 239.011 APPEALS TO BOARD OF ADJUSTMENT. (a) A person 7-20 aggrieved by, or any officer, department, board, or bureau of the 7-21 county or of a municipality affected by, any action of an 7-22 administrative official designated to enforce the provisions of 7-23 this chapter may appeal to the board of adjustment. 7-24 (b) The appeal must be taken within a reasonable time after 7-25 the action from which the appeal is taken. The board of adjustment 8-1 shall provide rules setting time limits for taking appeals. An 8-2 appeal is taken by filing with the officer from whom the appeal is 8-3 taken and with the board of adjustment a written notice of appeal 8-4 stating the reasons for the appeal. The officer with whom the 8-5 notice is filed shall promptly transmit to the board all papers 8-6 constituting the record of the action from which the appeal is 8-7 taken. 8-8 (c) The board shall schedule a hearing on the appeal to be 8-9 held within a reasonable time and give notice to all parties 8-10 involved and to the public. At the hearing any party may appear in 8-11 person or by agent or attorney. The board shall decide the appeal 8-12 within a reasonable time after the hearing. 8-13 (d) In disposing of an appeal, the board, in conformity with 8-14 this chapter, may affirm or reverse, wholly or partly, or modify 8-15 the action from which the appeal is taken. In granting relief, the 8-16 board has all the powers of the officer from whom the appeal is 8-17 taken. 8-18 (e) The concurring vote of four members of the board is 8-19 required to reverse an action of an administrative officer of the 8-20 county if the board is required to pass on the matter or if the 8-21 board decides to effect a variation in the action. 8-22 Sec. 239.012 APPEALS FROM BOARD OF ADJUSTMENT. (a) Any 8-23 taxpayer, or any officer, department, board, or bureau of the 8-24 county or of a municipality, or any person aggrieved by a decision 8-25 of the board of adjustment, may appeal from the decision by 9-1 presenting a verified petition to a court of competent jurisdiction 9-2 stating that the decision is illegal, in whole or in part, and 9-3 specifying the nature of the illegality. The petition must be 9-4 filed not more than 10 days after the filing of the decision of the 9-5 board. 9-6 (b) On presentation of the petition, the court may issue a 9-7 writ of certiorari directed to the board of adjustment to review 9-8 the board's decision. The writ must prescribe the time within 9-9 which a return must be made and served on the relator's attorney, 9-10 which may not be sooner than 10 days after the issuance of the 9-11 writ. The return day may be extended by the court. The issuance 9-12 of the writ does not stay proceedings on the decision appealed 9-13 from, but the court on application, and after notice to the board, 9-14 and a showing of good cause, may grant a restraining order. 9-15 (c) The board is not required to return the original papers 9-16 on which it acted, but may return certified copies of them or of 9-17 such portions are called for in the writ. The return must 9-18 concisely state any other facts that may be pertinent and material 9-19 to show the grounds of the decision appealed from. The return must 9-20 be verified. 9-21 (d) If it appears to the court at the hearing that testimony 9-22 is necessary for the proper disposition of the matter, the court 9-23 may take evidence or appoint a referee to take evidence as it may 9-24 direct and report findings of fact and conclusions of law to the 9-25 court, which constitute a part of the proceedings on which the 10-1 court's determination shall be made. The court may reverse or 10-2 affirm, wholly or partly, or may modify the decision brought up for 10-3 review. Costs may not be assessed against the board unless the 10-4 court determines the board acted with gross negligence, bad faith, 10-5 or with malice in its decision. 10-6 Sec. 239.013 BUILDING INSPECTOR; BUILDING PERMITS. (a) To 10-7 enforce regulations adopted under this Act, the commissioners court 10-8 may require that a building permit be obtained for the construction 10-9 or alteration of a structure. The commissioners court may appoint 10-10 a county building inspector to administer the system of issuing 10-11 building permits or may delegate that function to another 10-12 administrative official within the county. The commissioners court 10-13 may establish a reasonable schedule of fees for the issuance of 10-14 building permits and for inspections required to determine whether 10-15 the issuance of a permit is justified. 10-16 Sec. 239.014 ENFORCEMENT; PENALTIES. (a) The commissioners 10-17 court by order may provide for the enforcement of this chapter and 10-18 of any regulations made under it. 10-19 (b) A person commits an offense if the person violates this 10-20 chapter or a regulation adopted under this chapter. An offense 10-21 under this subsection is a misdemeanor, punishable by fine, 10-22 imprisonment, or both, as provided by the commissioners court. The 10-23 commissioners court may also provide civil penalties for a 10-24 violation. 10-25 (c) If a building or other structure is erected, 11-1 constructed, reconstructed, altered, repaired, converted, or 11-2 maintained or if a building, other structure, or land is used in 11-3 violation of this chapter or a regulation adopted under this 11-4 chapter, the county, in addition to other remedies, may institute 11-5 appropriate action to: 11-6 (1) prevent the unlawful erection, construction, 11-7 reconstruction, alteration, repair, conversion, maintenance, or 11-8 use. 11-9 (2) restrain, correct, or abate the violation; 11-10 (3) prevent the occupancy of the building, structure, 11-11 or land; or 11-12 (4) prevent any illegal act, conduct, business, or use 11-13 on or about the premises. 11-14 Sec. 239.015 CONFLICT WITH OTHER LAWS. (a) If a statute or 11-15 an order, ordinance, or regulation of the state, a political 11-16 subdivision, or a governmental agency conflicts with an order or 11-17 regulation made under this chapter with respect to any matter, the 11-18 more restrictive standard applies to the extent of the conflict. 11-19 (b) This chapter does not authorize the commissioners court 11-20 to require the removal or destruction of property that exists and 11-21 that is actually and necessarily used in public service business at 11-22 the time the county implements this chapter. 11-23 (c) This chapter does not apply to a building, other 11-24 structure, or land under the control, administration, or 11-25 jurisdiction of a state or federal agency. 12-1 SECTION 2. EMERGENCY. The importance of this legislation 12-2 and the crowded condition of the calendars in both houses create an 12-3 emergency and an imperative public necessity that the 12-4 constitutional rule requiring bills to be read on three several 12-5 days in each house be suspended, and this rule is hereby suspended, 12-6 and that this Act take effect and be in force from and after its 12-7 passage, and it is so enacted.