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.