By: Solis H.B. No. 1817
73R6227 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to granting zoning and code authority in unincorporated
1-3 areas by local option to counties located along the Texas-Mexico
1-4 border; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 7, Local Government Code, is
1-7 amended by adding Chapter 238 to read as follows:
1-8 CHAPTER 238. COUNTY ZONING AND CODE AUTHORITY IN BORDER COUNTIES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 238.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
1-11 legislature finds that:
1-12 (1) the lack of regulation of building and development
1-13 in the area of the state near the border of Mexico has created
1-14 conditions that threaten the health, safety, and welfare of the
1-15 residents of and visitors to the area; and
1-16 (2) proper regulation in the area is of concern to the
1-17 entire state.
1-18 (b) The powers granted under this chapter are for the
1-19 purpose of promoting the public health, safety, and welfare.
1-20 Sec. 238.002. APPLICATION. This chapter applies only to the
1-21 unincorporated area of a county that borders Mexico.
1-22 SUBCHAPTER B. ZONING
1-23 Sec. 238.011. ZONING REGULATIONS GENERALLY. The
1-24 commissioners court may regulate in the area subject to this
2-1 chapter:
2-2 (1) the height, number of stories, and size of
2-3 buildings or other structures;
2-4 (2) the percentage of a lot that may be occupied by
2-5 structures;
2-6 (3) the size of yards, courts, and other open spaces;
2-7 (4) population density;
2-8 (5) the location and use of buildings, other
2-9 structures, and land for business, industrial, residential,
2-10 agricultural, or other purposes; and
2-11 (6) the placement of water and sewage facilities,
2-12 parks, recreational facilities, and other public requirements.
2-13 Sec. 238.012. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning
2-14 regulations must be adopted in accordance with a comprehensive plan
2-15 and must be designed to:
2-16 (1) lessen congestion in the streets and roads;
2-17 (2) secure safety from flood, windstorm, fire, panic,
2-18 and other dangers;
2-19 (3) promote health and the general welfare;
2-20 (4) provide adequate light and air;
2-21 (5) prevent the overcrowding of land;
2-22 (6) avoid undue concentration of population;
2-23 (7) facilitate the adequate provision of
2-24 transportation, emergency evacuation, water, sewers, parks, and
2-25 other public requirements; or
2-26 (8) assist in developing the area into parks and
2-27 recreational areas for the residents of this state and other states
3-1 and nations.
3-2 Sec. 238.013. DISTRICTS. (a) The commissioners court may
3-3 divide the area in its county that is subject to this chapter into
3-4 districts of a number, shape, and size the court considers best for
3-5 carrying out this subchapter. Within each district, the
3-6 commissioners court may regulate the erection, construction,
3-7 reconstruction, alteration, repair, or use of buildings, other
3-8 structures, or land.
3-9 (b) The zoning regulations must be uniform for each class or
3-10 kind of building in a district, but the regulations may vary from
3-11 district to district. The regulations shall be adopted with
3-12 reasonable consideration for, among other things, the character of
3-13 each district and its peculiar suitability for particular uses,
3-14 with a view of conserving the value of buildings and encouraging
3-15 the most appropriate use of land throughout the area.
3-16 Sec. 238.014. ZONING COMMISSION. (a) The commissioners
3-17 court shall appoint a zoning commission. The commission shall
3-18 recommend boundaries for the original zoning districts and
3-19 appropriate zoning regulations for each district. The commission
3-20 must consist of a presiding officer and six additional members,
3-21 each of whom is a resident of the county. At least one member must
3-22 be a representative of agricultural interests in the county.
3-23 (b) The commissioners court shall appoint a presiding
3-24 officer. The members serve two-year terms. In making the initial
3-25 appointments of the other members, the commissioners court shall
3-26 designate the members for staggered terms of one and two years. In
3-27 the event of resignation, end of term, or a vacancy, the court
4-1 shall appoint new members. The court shall fill a vacancy in the
4-2 office of presiding officer by appointment. The commission may
4-3 employ a secretary, an acting secretary, and other technical or
4-4 clerical personnel.
4-5 (c) A member of the commission is entitled to compensation
4-6 in an amount set by the commissioners court. A member of the
4-7 commission may also be entitled to expenses actually incurred while
4-8 serving on the commission as provided by order of the commissioners
4-9 court.
4-10 (d) The commission shall make a preliminary report and hold
4-11 public hearings on that report before submitting a final report to
4-12 the commissioners court. The commissioners court may not take
4-13 action or hold a public hearing until it has received the final
4-14 report of the commission. In preparing the final report the
4-15 commission shall consult with and consider recommendations of any
4-16 regional planning council having the county within its region.
4-17 (e) Before the 10th day before the hearing date, written
4-18 notice of each public hearing before the commission on a proposed
4-19 change in a classification in the district shall be sent to:
4-20 (1) each owner of affected property or to the person
4-21 who renders the property for county taxes; and
4-22 (2) each owner of property that is located within 200
4-23 feet of property affected by the change or to the person who
4-24 renders the property for county taxes.
4-25 (f) The notice may be served by depositing it, postage paid
4-26 and properly addressed, in the United States mail.
4-27 Sec. 238.015. PROCEDURE GOVERNING ADOPTION OF ZONING
5-1 REGULATIONS AND ZONING DISTRICT BOUNDARIES. (a) A zoning
5-2 regulation or zoning district boundary proposed by the zoning
5-3 commission is not effective until it is adopted by the
5-4 commissioners court after a public hearing. Before the 15th day
5-5 before the date of the hearing, the commissioners court must
5-6 publish notice of the hearing in a newspaper of general circulation
5-7 in the county.
5-8 (b) The commissioners court by a majority vote may amend or
5-9 reject a zoning regulation or zoning boundary proposed by the
5-10 commission.
5-11 (c) If a proposed change to a zoning regulation or zoning
5-12 boundary is protested in accordance with this subsection, the
5-13 proposed change must receive, in order to take effect, the
5-14 affirmative vote of at least three-fourths of all members of the
5-15 commissioners court. The protest must be written and signed by the
5-16 owners of at least 20 percent of either:
5-17 (1) the lots covered by the proposed change; or
5-18 (2) the lots immediately adjacent to the rear of the
5-19 lots covered by the proposed change and extending 200 feet from
5-20 those lots or from the street frontage of the opposite lots.
5-21 (d) After the commissioners court receives the protest, the
5-22 court shall hold a public hearing. The court shall publish notice
5-23 in the manner provided by Subsection (a).
5-24 Sec. 238.016. SPECIAL EXCEPTION. (a) Any of the following
5-25 persons may petition the commissioners court for a special
5-26 exception to a zoning regulation adopted by the commissioners
5-27 court:
6-1 (1) a person aggrieved by the regulation; or
6-2 (2) any officer, department, board, or bureau of the
6-3 county or of a municipality in the county.
6-4 (b) The commissioners court shall hold a public hearing on
6-5 the petition and shall publish notice of the hearing before the
6-6 15th day before the date of the hearing in a newspaper of general
6-7 circulation in the county.
6-8 (c) Except as provided by Subsection (d), the commissioners
6-9 court may grant a petition for a special exception by majority
6-10 vote.
6-11 (d) If a proposed special exception to a zoning regulation
6-12 is protested in accordance with this subsection, the proposed
6-13 special exception must receive, in order to take effect, the
6-14 affirmative vote of at least three-fourths of all members of the
6-15 commissioners court. The protest must be presented at the hearing
6-16 and signed by the owners of at least 20 percent of:
6-17 (1) the lots covered by the proposed exception; or
6-18 (2) the lots immediately adjacent to the rear of the
6-19 lots covered by the proposed exception extending 200 feet from
6-20 those lots or from the street frontage of the opposite lots.
6-21 Sec. 238.017. ENFORCEMENT; PENALTY; REMEDIES. (a) The
6-22 commissioners court may adopt orders to enforce this subchapter or
6-23 an order or a zoning regulation adopted under this subchapter.
6-24 (b) A person commits an offense if the person violates this
6-25 subchapter or a zoning regulation adopted under this subchapter.
6-26 An offense under this subsection is a Class C misdemeanor. Each
6-27 day that a violation occurs constitutes a separate offense. Trial
7-1 shall be in the district court.
7-2 (c) If a building or other structure is erected,
7-3 constructed, reconstructed, altered, repaired, converted, or
7-4 maintained or if a building, other structure, or land is used in
7-5 violation of this subchapter or an order or a zoning regulation
7-6 adopted under this subchapter, the appropriate county authority, in
7-7 addition to other remedies, may institute appropriate action to:
7-8 (1) prevent the unlawful action or use;
7-9 (2) restrain, correct, or abate the violation;
7-10 (3) prevent the occupancy of the building, other
7-11 structure, or land; or
7-12 (4) prevent any illegal act, conduct, business, or use
7-13 on or about the premises.
7-14 Sec. 238.018. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If
7-15 a zoning regulation adopted under this subchapter requires a
7-16 greater width or size of a yard, court, or other open space,
7-17 requires a lower building height or fewer number of stories for a
7-18 building, requires a greater percentage of a lot to be left
7-19 unoccupied, or otherwise imposes higher standards than those
7-20 required under another statute or local order or regulation, the
7-21 regulation adopted under this subchapter controls. If the other
7-22 statute or local order or regulation imposes higher standards, that
7-23 statute, order, or regulation controls.
7-24 (b) This subchapter does not authorize the commissioners
7-25 court to require the removal or destruction of property that exists
7-26 at the time the court implements this subchapter.
7-27 SUBCHAPTER C. CODES
8-1 Sec. 238.021. AUTHORITY TO ADOPT AND ENFORCE BUILDING,
8-2 ELECTRICAL, AND PLUMBING CODE. (a) The commissioners court of a
8-3 county may adopt a building, electrical, or plumbing code or
8-4 another code regulating the construction, alteration,
8-5 reconstruction, or razing of structures and may adopt rules
8-6 necessary to administer and enforce those codes. An adopted code
8-7 applies to the area subject to this chapter.
8-8 (b) The commissioners court and a municipality in the county
8-9 may contract with each other for the administration and enforcement
8-10 of any adopted code.
8-11 Sec. 238.022. CONTENT OF CODES. (a) A code adopted under
8-12 this subchapter may apply to a commercial, residential, or public
8-13 building constructed in an area to which this chapter applies.
8-14 (b) An adopted building code must conform to a national
8-15 building code adopted by the Southern Building Code Congress or the
8-16 Building Officials and Code Administrators International or must
8-17 establish protective measures that exceed those standards.
8-18 (c) An adopted electrical code must conform to the National
8-19 Electrical Code adopted by the National Fire Protection Association
8-20 or must establish protective measures that exceed those standards.
8-21 (d) An adopted plumbing code must conform to a national
8-22 plumbing code adopted by the Southern Building Code Congress or the
8-23 Building Officials and Code Administrators International or must
8-24 establish protective measures that exceed those standards.
8-25 Sec. 238.023. BUILDING PERMIT; APPLICATION. (a) A person
8-26 may not construct a building described by Section 238.022(a) in an
8-27 area to which this chapter applies unless the person obtains a
9-1 building permit issued in accordance with this subchapter.
9-2 (b) A person may apply for a building permit by providing to
9-3 the commissioners court:
9-4 (1) a plan of the proposed building containing any
9-5 information required by the commissioners court; and
9-6 (2) an application fee in an amount set by the
9-7 commissioners court.
9-8 (c) Not later than the 30th day after the date the
9-9 commissioners court receives an application and fee in accordance
9-10 with Subsection (b), the commissioners court shall:
9-11 (1) issue the permit if the plan complies with all
9-12 applicable adopted codes; or
9-13 (2) deny the permit if the plan does not comply with
9-14 all applicable adopted codes.
9-15 (d) If the commissioners court receives an application and
9-16 fee in accordance with Subsection (b) and the commissioners court
9-17 does not issue or deny the permit before the 31st day after the
9-18 date the commissioners court receives the application and fee, the
9-19 construction of the building that is the subject of the application
9-20 is considered approved for purposes of this subchapter.
9-21 Sec. 238.024. INSPECTIONS. (a) The county shall inspect a
9-22 building subject to this subchapter to determine whether the
9-23 building complies with any adopted codes.
9-24 (b) The commissioners court may provide that a county
9-25 employee or an employee of another governmental entity under
9-26 intergovernmental contract may perform the inspection.
9-27 (c) A building inspector may enter and perform the
10-1 inspection at a reasonable time at any stage of the building's
10-2 construction or after completion of the building.
10-3 (d) On or before the date that construction of a building
10-4 subject to this subchapter is completed, the owner of the building
10-5 shall request in writing that the county inspect the building for
10-6 compliance with any adopted codes.
10-7 (e) The county shall begin the inspection of the building
10-8 not later than the second day after the date of the county's
10-9 receipt of the written inspection request. If an inspection is
10-10 properly requested and the county does not begin the inspection
10-11 within the time permitted by this subsection, the building that is
10-12 the subject of the request is considered approved for purposes of
10-13 this subchapter.
10-14 (f) The county shall issue a final certificate of compliance
10-15 to the owner of a building inspected under this section if the
10-16 inspector determines, after an inspection of the completed
10-17 building, that the building complies with all adopted codes.
10-18 Sec. 238.025. FEES. (a) The commissioners court may
10-19 develop a fee schedule based on building type and may set and
10-20 charge fees for an inspection, for the issuance of a building
10-21 permit, and for a final certificate of compliance under this
10-22 subchapter.
10-23 (b) The fees must be set in amounts necessary to cover the
10-24 cost of administering and enforcing this subchapter.
10-25 (c) The county shall deposit fees received under this
10-26 subchapter in a special fund in the county treasury. Money in the
10-27 special fund may be used only for the administration and
11-1 enforcement of adopted codes.
11-2 Sec. 238.026. INJUNCTION. The appropriate attorney
11-3 representing the county in the district court may seek injunctive
11-4 relief against the owner, the owner's representative with control
11-5 over the building, or the occupier of a building that the county
11-6 determines violates an adopted code to prevent the violation or
11-7 threatened violation of the code.
11-8 Sec. 238.027. CIVIL PENALTY. (a) The appropriate attorney
11-9 representing the county in civil cases may file a civil action
11-10 against the owner or the owner's representative with control over a
11-11 building that the county determines violates an adopted code in a
11-12 court of competent jurisdiction to recover from the owner or
11-13 representative a civil penalty in an amount not to exceed $200 for
11-14 each day on which the violation exists. In determining the amount
11-15 of the penalty, the court shall consider the seriousness of the
11-16 violation.
11-17 (b) The county shall deposit amounts collected under this
11-18 section in the special fund described by Section 238.025(c).
11-19 SECTION 2. This Act takes effect September 1, 1993.
11-20 SECTION 3. The importance of this legislation and the
11-21 crowded condition of the calendars in both houses create an
11-22 emergency and an imperative public necessity that the
11-23 constitutional rule requiring bills to be read on three several
11-24 days in each house be suspended, and this rule is hereby suspended.