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.