1-1 By: Zaffirini S.B. No. 1411 1-2 (In the Senate - Filed April 22, 1993; April 26, 1993, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; May 12, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 9, Nays 0; 1-6 May 12, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Armbrister x 1-10 Leedom x 1-11 Carriker x 1-12 Henderson x 1-13 Madla x 1-14 Moncrief x 1-15 Patterson x 1-16 Rosson x 1-17 Shapiro x 1-18 Wentworth x 1-19 Whitmire x 1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1411 By: Moncrief 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to zoning around certain sites in Kinney County; providing 1-24 penalties. 1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-26 SECTION 1. Chapter 231, Local Government Code, is amended by 1-27 adding Subchapter J to read as follows: 1-28 SUBCHAPTER J. ZONING AROUND CERTAIN SITES IN KINNEY COUNTY 1-29 Sec. 231.201. LEGISLATIVE FINDINGS; PURPOSE. (a) The 1-30 legislature finds that: 1-31 (1) the areas and sites and the adjoining and 1-32 associated lands and environment of Fort Clark, Alamo Village, 1-33 Kickapoo State Park, and the Seminole Indian Cemetery are or will 1-34 be frequented for recreational purposes by residents from every 1-35 part of the state; 1-36 (2) orderly and compatible development and use of 1-37 these areas is of concern to the entire state; 1-38 (3) the protection of the scenic character of the area 1-39 so as to be of continuing value to the moviemaking industry is of 1-40 concern to the entire state; and 1-41 (4) buildings in the area, existing and future, that 1-42 will be frequented for resort, tourism, or recreational purposes 1-43 will tend to become congested and to be used in ways that interfere 1-44 with and that are incompatible with the proper use of the area as a 1-45 place of recreation, tourism, or visitation to the detriment of the 1-46 public health, safety, morals, and general welfare. 1-47 (b) The powers granted under this subchapter are for the 1-48 purpose of promoting the public health, safety, peace, morals, and 1-49 general welfare and encouraging recreation. 1-50 Sec. 231.202. AREAS SUBJECT TO REGULATION. (a) This 1-51 subchapter applies to: 1-52 (1) those unincorporated parts of Kinney County 1-53 located within 12 miles of the Seminole Indian Cemetery; 1-54 (2) those unincorporated parts of Kinney County 1-55 located within 12 miles of Fort Clark Springs; 1-56 (3) those unincorporated parts of Kinney County 1-57 located within 12 miles of Kickapoo State Park; and 1-58 (4) those unincorporated parts of Kinney County 1-59 located within 12 miles of Alamo Village. 1-60 (b) This subchapter does not apply to: 1-61 (1) that area known as the Seminole Indian Cemetery 1-62 and described in Abstract 1, Dolores Soto Beales, Kinney County, 1-63 Texas; 1-64 (2) those lands known as Fort Clark Springs, being, 1-65 more or less, 2,677.91 acres out of Abstract 491, Survey 234, S. A. 1-66 Maverick, Kinney County, Texas; 1-67 (3) those lands known as Alamo Village, being, more or 1-68 less, 26.13 acres out of Abstract 615, Survey 423, Bexar County 2-1 School Land, Kinney County, Texas; and 2-2 (4) the following described lands known as Kickapoo 2-3 State Park, the deed to which is recorded in Volume A-80, pages 2-4 860-864, Deed Records in Kinney County, Texas: 6,399.36 acres of 2-5 land, more or less, known as the "A.J. Seargeant Ranch" situated in 2-6 Kinney and Edwards Counties, Texas, more particularly described as 2-7 twelve (12) tracts as follows: 2-8 FIRST TRACT: All of Survey 42, G.C. & S.F. Ry. Co., 2-9 Certificate 2379, Block M., containing 640 acres, more or less, and 2-10 lying in Kinney County, Texas; 2-11 SECOND TRACT: 560.4 acres, more or less, out of Survey No. 2-12 49, G.W.T. & P. Ry. Co., Block No. 1, Certificate 1/108, said 560.4 2-13 acres of Survey No. 49, herein conveyed being described by metes 2-14 and bounds as follows: 2-15 BEGINNING at the South West corner of Survey No. 49; 2-16 THENCE North 70 East 1900 varas to its South East corner; 2-17 THENCE North 19 7' West 1900 varas to its North East corner; 2-18 THENCE South 70 West 1167 varas to a fence; 2-19 THENCE with said fence South 22 East 315 varas; 2-20 THENCE South 10 West 160 varas; 2-21 THENCE South 16 West 166 varas; 2-22 THENCE South 32 1/2 West 147 varas; 2-23 THENCE South 72 West 446 varas to the West line of Survey 49; 2-24 THENCE South 19 7' East 1234 varas to the PLACE OF 2-25 BEGINNING, said Survey lying partly in Edwards and partly in Kinney 2-26 County, Texas; 2-27 THIRD TRACT: All of Survey No. 50, G.W.T. & P. Ry. Co., 2-28 Certificate 1/108, Block 1, containing 640 acres of land, more or 2-29 less, lying in Edwards and Kinney Counties, Texas; 2-30 FOURTH TRACT: 609 acres, more or less, out of Survey No. 51, 2-31 G.W.T. & P. Ry. Co., Block 1, Certificate 1/109, the 609 acres out 2-32 of said Survey herein conveyed being described as follows: 2-33 BEGINNING at the South East corner of Survey No. 51; 2-34 THENCE South 70 West 1900 varas to its South West corner; 2-35 THENCE North 19 7' West 1900 varas to its North West corner; 2-36 THENCE North 70 East 1082 varas to a fence; 2-37 THENCE with said fence South 83 East 920 varas to the East 2-38 line of 51; 2-39 THENCE South 19 7' East 1474 varas to the PLACE OF 2-40 BEGINNING; said survey situated in Edwards and Kinney County, 2-41 Texas; 2-42 FIFTH TRACT: 191 acres out of South West part of Survey No. 2-43 52, G.W.T. & P. Ry. Co., Block 1, Certificate 1/109, that portion 2-44 of said Survey 52 hereby conveyed being described as follows: 2-45 BEGINNING at the South West Corner of Survey No. 52 for the 2-46 South West corner of this tract; 2-47 THENCE North 70 East 547 varas to the 2-48 Rocksprings-Brackettville Road; 2-49 THENCE with said Road North 4 East 160 varas; 2-50 THENCE North 21 East 498 varas; 2-51 THENCE North 2 East 418 varas to fence corner; 2-52 THENCE with fence North 83 West 1230 varas to the West line 2-53 of Survey 52; 2-54 THENCE with said West line South 19 7' East 1474 varas to 2-55 the PLACE OF BEGINNING, containing 191 acres of land, more or less, 2-56 situated in Edwards County, Texas; 2-57 SIXTH TRACT: 69.7 acres, more or less, out of West part of 2-58 Survey No. 69, G.W.T. & P. Ry. Co., Block 1, Certificate 1/118, 2-59 that portion of said Survey 69 hereby conveyed being all that part 2-60 of said survey lying West of the Brackettville-Rocksprings Public 2-61 Road, and being all that part of said Survey not heretofore 2-62 conveyed by J. G. Blackman to W. P. Covington, said portion of 69 2-63 partly in Edwards and partly in Kinney County, Texas; 2-64 SEVENTH TRACT: All of Survey No. 70, G.W.T. & P. Ry. Co., 2-65 Block 1, Certificate 1/118, consisting of 640 acres, more or less, 2-66 said Survey 70 partly in Kinney and in Edwards Counties, Texas; 2-67 EIGHTH TRACT: All of Survey No. 71, G.W.T. & P. Ry. Co., 2-68 Block 1, Certificate 1/119, containing 640 acres, more or less, 2-69 lying wholly in Kinney County, Texas; 2-70 NINTH TRACT: All of Survey No. 72, G.W.T. & P. Ry. Co., 3-1 Block 1, Certificate 1/119, containing 640 acres of land, more or 3-2 less, lying and being wholly in Kinney County, Texas; 3-3 TENTH TRACT: All of Survey No. 73, G.W.T. & P. Ry. Co., 3-4 Block 1, Certificate 1/120, containing 640 acres of land, more or 3-5 less, lying wholly in Kinney County, Texas; 3-6 ELEVENTH TRACT: All of Survey No. 74, G.W.T. & P. Ry. Co., 3-7 Block 1, Certificate 1/120, containing 694.7 acres, more or less, 3-8 lying in Kinney County, Texas; 3-9 TWELFTH TRACT: 443 acres, more or less, out of Survey No. 3-10 75, G.W.T. & P. Ry. Co., Block 1, Certificate 1/121, the 443 acres 3-11 of said Survey 75 herein conveyed being all that portion of said 3-12 Survey lying West of Brackettville-Rocksprings Public Road and 3-13 being all that part of said Survey not heretofore conveyed by J. G. 3-14 Blackman to W. P. Covington. 3-15 SAVE AND EXCEPT 1.98 acres of Survey 75 hereinabove 3-16 described; 0.69 acres of Survey 70 hereinabove described; and 0.65 3-17 acres of Survey 69 hereinabove described conveyed to the State of 3-18 Texas by A. J. Seargeant by right-of-way Deed recorded in Vol. 3-19 A-37, Page 240 of the Deed Records of Kinney County, Texas. 3-20 SAVE AND EXCEPT 3.41 acres of Survey 52 hereinabove described 3-21 and 1.71 acres of Survey 69 hereinabove described conveyed to the 3-22 State of Texas by Laura Seargeant by right-of-way Deed recorded in 3-23 Vol. Z, Page 388 of the Deed Records of Edwards County, Texas. 3-24 The above twelve tracts of land being the same land conveyed 3-25 to Albert J. Seargeant by J. G. Blackman, by Deed dated November 1, 3-26 1923, and recorded in Vol. 24, Page 192, Deed Records of Edwards 3-27 County, Texas, and recorded in Vol. A-20, Page 414, Deed Records of 3-28 Kinney County, Texas, to which said Deed and the respective records 3-29 thereof, above stated, each respectively, reference is here made 3-30 for all purposes. 3-31 Sec. 231.203. EXTENT OF REGULATIONS; DISTRICTS. (a) The 3-32 commissioners court order providing for the zoning of a portion of 3-33 Kinney County shall consist of a zoning district map and zoning 3-34 regulations. 3-35 (b) The Commissioners Court of Kinney County, within that 3-36 portion of the county subject to zoning as provided in this 3-37 subchapter, may regulate the following: 3-38 (1) the location and use of buildings, other 3-39 structures, and land for ranching or agricultural, residential, 3-40 business, commercial, industrial, or other purposes; 3-41 (2) the height, number of stories, and size of 3-42 buildings and other structures; 3-43 (3) the density of population expressed in dwelling 3-44 units per acre; 3-45 (4) the required quantity of off-street parking; 3-46 (5) the maximum coverage of land with impervious 3-47 structures or materials; 3-48 (6) the percentage of the area of a lot that may be 3-49 occupied by structures; 3-50 (7) the intensity of development expressed as spacing 3-51 and size of lots and structures, required open space, size of yards 3-52 and courts, and type and size of activity related to traffic 3-53 generation; 3-54 (8) the placement of water pumping, storage, and 3-55 treatment facilities other than for ranching or agricultural 3-56 purposes; and 3-57 (9) the placement of treatment and disposal facilities 3-58 of wastewater and solid waste materials. 3-59 (c) The commissioners court may divide the area in the 3-60 county that is subject to this subchapter into zoning districts of 3-61 a number, shape, size, and type or classification that the court 3-62 considers best for carrying out or implementing this subchapter. 3-63 Within each zoning district, the commissioners court may regulate 3-64 the placement, size, height, and use of buildings and other 3-65 structures and the use of land. The zoning regulations must be 3-66 uniform for each class or kind of building in a district, but the 3-67 regulations may vary from district to district. 3-68 (d) The zoning regulations and the zoning district map shall 3-69 be adopted with reasonable consideration, among other things, for 3-70 the character of the land assigned to each district and its 4-1 suitability for particular uses, with a view of achieving the 4-2 optimum arrangement of the uses of land and distribution of 4-3 population and conserving the value of buildings, quality of the 4-4 environment, and quality of the recreational, historical, scenic, 4-5 and tourist sites, buildings, and facilities throughout the area. 4-6 Sec. 231.204. COUNTY ZONING COMMITTEE. (a) The county 4-7 zoning committee is an ad hoc committee consisting of five persons 4-8 who are residents of Kinney County. 4-9 (b) The committee is responsible for the preparation of the 4-10 comprehensive plan and related policy statements and the proposed 4-11 zoning district map and the zoning regulations. 4-12 (c) The members of the county zoning committee shall be 4-13 appointed by the commissioners court, the method of appointment to 4-14 be determined by the court. One of the five members of the 4-15 committee shall be a member of the commissioners court who shall 4-16 serve ex officio and shall be the chair of the zoning committee. 4-17 The committee may elect a vice-chair from the membership. 4-18 (d) Minutes of all meetings of the zoning committee shall be 4-19 recorded and maintained as permanent records of the county. For 4-20 this purpose, a recording secretary shall be provided to the 4-21 committee by the county. Notices of meeting of the county zoning 4-22 committee shall be given to the members of the commissioners court. 4-23 (e) On the resignation of a member or termination of 4-24 membership for any reason, the commissioners court shall, within 30 4-25 days following the resignation or termination, appoint a 4-26 replacement member. 4-27 (f) If the commissioners court finds evidence that the 4-28 zoning committee has failed to make reasonable progress after a 4-29 start-up period of 90 days or finds at any time that the members 4-30 are unable to cooperate with one another or are incapable of 4-31 producing the desired plan and documents, the commissioners court 4-32 by an affirmative vote of at least four members may terminate and 4-33 discharge the zoning committee. In that event, the commissioners 4-34 court shall appoint new members as prescribed for the original 4-35 appointments. 4-36 (g) The commissioners court may appropriate funds for the 4-37 costs necessary to the functions and responsibilities of the county 4-38 zoning committee and may employ such staff and consultants as are 4-39 determined necessary to assist in accomplishing the duties and 4-40 responsibilities of the committee. 4-41 (h) When the commissioners court adopts and approves a 4-42 county zoning district map and zoning regulations, the county 4-43 zoning committee has completed its duties and responsibilities and 4-44 ceases to exist. 4-45 Sec. 231.205. COMPLIANCE WITH COMPREHENSIVE PLAN. 4-46 (a) Prior to the preparation and adoption of the zoning district 4-47 map and zoning regulations, the commissioners court shall adopt a 4-48 comprehensive plan for the zoned area of the county. 4-49 (b) The comprehensive plan shall consist of, at a minimum, 4-50 the following elements: 4-51 (1) land use; 4-52 (2) population distribution and density; 4-53 (3) flood plain management including constraints on 4-54 land coverage by impervious structures related to accelerated 4-55 run-off and potential flooding; 4-56 (4) major streets and thoroughfares; and 4-57 (5) protection and enhancement of sites and facilities 4-58 of importance to tourism, recreation, and historic preservation. 4-59 (c) Both the comprehensive plan and the zoning regulations 4-60 must be designed to: 4-61 (1) promote the public health, safety, and general 4-62 welfare; 4-63 (2) prevent overcrowding of land; 4-64 (3) avoid undue concentration of population; 4-65 (4) provide adequate light and air; 4-66 (5) lessen congestion in the streets and roads; 4-67 (6) facilitate adequate provision of transportation, 4-68 water, sewers, parks, and other public requirements; 4-69 (7) preserve and enhance the quality of tourist 4-70 attractions, parks, and historical sites and structures by 5-1 preventing the use of land and buildings that may be incompatible 5-2 with and detrimental to such facilities, buildings, and sites for 5-3 the continued enjoyment of the people of the state; and 5-4 (8) assist in developing and making available to the 5-5 public such areas, sites, parks, and playgrounds as will enrich the 5-6 quality of tourism and recreation for the residents of this state 5-7 and other states and nations. 5-8 (d) The commissioners court shall act to adopt the 5-9 comprehensive plan after a public hearing on the plan. Notice of 5-10 the hearing must be published in a newspaper of general circulation 5-11 in the county not less than 15 days prior to the date of the 5-12 hearing. 5-13 Sec. 231.206. PREPARATION, APPROVAL, AND ADOPTION OF THE 5-14 ZONING DISTRICT MAP AND ZONING REGULATIONS. (a) Following 5-15 approval and adoption of the comprehensive plan, the zoning 5-16 committee shall proceed to prepare the proposed zoning district map 5-17 and zoning regulations. The proposed zoning district map and the 5-18 zoning regulations shall be prepared based on and consistent with 5-19 the adopted comprehensive plan. 5-20 (b) When the proposed zoning district map and zoning 5-21 regulations are completed, the zoning committee shall hold one or 5-22 more public hearings on the map and regulations, as determined 5-23 appropriate. Notice of the hearing must be published in a 5-24 newspaper of general circulation in the county not less than 15 5-25 days prior to the date of the hearing. 5-26 (c) When the county zoning committee is satisfied with the 5-27 proposed zoning district map and zoning regulations, it shall 5-28 approve the map and regulations and recommend to the commissioners 5-29 court that they be adopted. The commissioners court shall give not 5-30 less than 15 days prior public notice by publication in a newspaper 5-31 of general circulation in the county of a public hearing to be held 5-32 jointly with the zoning committee for the purpose of considering 5-33 adoption of the zoning district map and zoning regulations. No 5-34 action to adopt shall be taken at the public hearing. Following 5-35 the public hearing, the zoning committee may respond to questions 5-36 or desired changes in the map or regulations requested by the 5-37 commissioners court. The commissioners court may then set a date 5-38 for action to adopt the zoning district map and zoning regulations. 5-39 No further public hearings are required but may be held at the 5-40 discretion of the commissioners court. 5-41 Sec. 231.207. PERMITS, CERTIFICATES, FEES. 5-42 (a) Administration of zoning regulations shall include an 5-43 examination of an applicant's proposed use of land and buildings; 5-44 if the proposed use is found to be in compliance with the zoning 5-45 regulations and zoning district map, the county shall issue a 5-46 permit to use or construct. When the use or construction is 5-47 completed and in place, the applicant shall request an inspection. 5-48 On inspection by an official of the county and a finding that the 5-49 use or construction complies with the terms of the permit issued, 5-50 the county shall issue a certificate of compliance and occupancy to 5-51 the applicant. The county may charge an application fee not to 5-52 exceed $100. 5-53 (b) Any use of premises or construction or use of a 5-54 building, other than for ranching and agricultural purposes, that 5-55 is located within the zoned portion of the county that occurs 5-56 subsequent to the adoption by the county of the zoning district map 5-57 and zoning regulations which does not comply with this procedure 5-58 for permitting and certification described in Subsection (a) of 5-59 this section shall be unlawful. 5-60 Sec. 231.208. AMENDMENTS. (a)(1) The zoning district map 5-61 and the zoning regulations may be amended after adoption at the 5-62 discretion of the commissioners court. 5-63 (2) Amendments to the zoning district map shall be 5-64 made only if: 5-65 (A) the present district classification of the 5-66 land involved was made in error; or 5-67 (B) the circumstances of the immediate physical 5-68 or economic environment of the land involved have changed 5-69 substantially since the time of the designation of the zoning 5-70 district in which the land is located. 6-1 (3) Amendments shall not be made for a specific 6-2 property that provide a monopolistic advantage over other nearby 6-3 properties having similar locational advantages or circumstances of 6-4 situation. 6-5 (4) Amendments may create new boundaries of existing 6-6 districts but not create an isolated and dissimilar new district. 6-7 (b) Any landowner may petition or apply for an amendment to 6-8 the zoning district map involving only land or property owned by 6-9 such petitioner or applicant. The right to petition or apply for 6-10 an amendment to a zoning district classification of property does 6-11 not infer or include a right to a public hearing on the matter. A 6-12 public hearing is required and necessary only on the effecting of 6-13 an amendment. The commissioners court may provide for a 6-14 preliminary review and discussion of applications for amendments to 6-15 the zoning district map and determine whether or not an application 6-16 or petition merits further consideration. If the commissioners 6-17 court determines that a petition or application warrants no further 6-18 consideration, the matter is closed to further action. The 6-19 individual thus aggrieved may appeal the matter in a court of 6-20 competent jurisdiction. If the commissioners court makes a 6-21 determination that the proposed amendment warrants further 6-22 consideration and may possibly have merit, the court shall order a 6-23 public hearing on the petition or application. 6-24 (c) Prior to effecting any amendment, there shall be a 6-25 public hearing on the proposal to amend before the commissioners 6-26 court. Public notice of the public hearing must be published in a 6-27 newspaper of general circulation in the county not less than 15 6-28 days prior to the date of the public hearing. No action to amend 6-29 or not to amend shall take place at the public hearing. There 6-30 shall be a waiting period of not less than one week between the 6-31 date of the public hearing and the date that the commissioners 6-32 court acts to amend or not to amend. 6-33 (d) In the event of a proposed change in the district 6-34 classification of a property or properties as an amendment to the 6-35 zoning district map, the owners of all land included in the 6-36 proposed amendment and located within 500 feet of the property for 6-37 which an amendment is to be considered shall be notified of the 6-38 proposed change by United States mail, certified, return receipt 6-39 requested. The notices shall be posted not less than 15 days prior 6-40 to the date of the public hearing. In the event that the owners of 6-41 20 percent or more of the area of the land within 500 feet of the 6-42 property for which an amendment of the zoning district 6-43 classification is being proposed, or any one or all of the owners 6-44 of the land being considered for a change in zoning district 6-45 classification, file written objections to the proposed amendment 6-46 or change of the district classification, such change and amendment 6-47 to the zoning district map can only be effected by an affirmative 6-48 vote of not less than three-fourths of the members of the 6-49 commissioners court. Written protests must be presented at the 6-50 public hearing and signed by the owners of the affected properties. 6-51 (e) Amendments to the zoning regulations shall be initiated 6-52 only by the commissioners court. Any action to amend shall be 6-53 taken at a regular meeting of the court, the agenda item for which 6-54 shall be a public hearing on the proposed amendment. A public 6-55 notice regarding the proposed amendment must be published in a 6-56 newspaper of general circulation in the county not less than 15 6-57 days prior to the date of the public hearing. 6-58 Sec. 231.209. VARIANCES. The commissioners court may grant, 6-59 on the basis of a demonstrated hardship, variances as apply to 6-60 dimensional requirements of the zoning regulations, but only if the 6-61 applicant for the variance has not caused the hardship. The land 6-62 use regulations shall not be subject to the granting of a variance 6-63 or exception. Changes in permitted uses of land or buildings shall 6-64 only be effected by an amendment to the zoning district map. 6-65 Sec. 231.210. REPEAL; REPLACEMENT. (a) The commissioners 6-66 court may repeal both the zoning regulations and the zoning 6-67 district map and take no further action to replace them, thus 6-68 effecting the termination of any form of zoning in the county. 6-69 Such action may only be taken at a regular meeting of the 6-70 commissioners court which is a public hearing on the proposed 7-1 action. Prior to the public hearing there shall be not less than 7-2 two public notices of the public hearing and the proposal published 7-3 in a newspaper of general circulation in the county. The first 7-4 notice must be published not less than 15 days prior to the date of 7-5 the public hearing, and the second notice must be published between 7-6 three and seven days prior to the date of the public hearing. 7-7 (b) The commissioners court may repeal either the zoning 7-8 regulations or the zoning district map or both, following the 7-9 procedure set forth in Subsection (a) and then replace either or 7-10 both with new or completely revised documents. In this event, the 7-11 procedures prescribed by Sections 231.204, 231.205, and 231.206 7-12 shall be followed. 7-13 Sec. 231.211. RECORD KEEPING. The zoning district map shall 7-14 be maintained up-to-date in the offices of the county clerk. A 7-15 zoning record book shall be maintained in the same office, and the 7-16 record book shall contain a chronological record of all amendments 7-17 made to the district map, all variances and special permits issued 7-18 by the commissioners court, and a record of all applications or 7-19 petitions made for amendments to the district map and the 7-20 disposition of the applications or petitions. 7-21 Sec. 231.212. ENFORCEMENT; PENALTY; REMEDIES. (a) The 7-22 commissioners court may adopt orders to enforce this subchapter, an 7-23 order adopted under this subchapter, or a zoning regulation. 7-24 (b) A person commits an offense if the person violates an 7-25 order adopted under this subchapter or a zoning regulation. An 7-26 offense under this subchapter is a misdemeanor punishable by a fine 7-27 of not less than $500 nor more than $1,000. Each day that a 7-28 violation occurs or continues constitutes a separate offense. 7-29 Trial shall be in district court. 7-30 (c) If a building or other structure is erected, 7-31 constructed, reconstructed, altered, repaired, converted, or 7-32 maintained or if a building, other structure, or land is used in 7-33 violation of an order adopted under this subchapter or a zoning 7-34 regulation, the appropriate county authority, in addition to other 7-35 remedies, may institute appropriate action to: 7-36 (1) prevent the unlawful action or use; 7-37 (2) restrain, correct, or abate the violation; 7-38 (3) prevent the occupancy of the building, other 7-39 structure, or land; or 7-40 (4) prevent any illegal act, conduct, business, or use 7-41 on or about the premises. 7-42 Sec. 231.213. CONFLICT WITH OTHER LAWS. If a zoning 7-43 regulation adopted under this subchapter requires a greater width 7-44 or size of a lot, yard, court, or other open space, requires a 7-45 lower building height or a fewer number of stories for building, 7-46 requires a greater percentage of a lot to be left unoccupied, or 7-47 otherwise imposes higher standards than those required under 7-48 another statute or regulation of a state agency or local order or 7-49 regulation, the regulation adopted under this subchapter controls. 7-50 If the other statute, state regulation, or local order or 7-51 regulation imposes higher standards, that statute, regulation, or 7-52 order controls. 7-53 Sec. 231.214. EXCEPTIONS. (a) This subchapter does not 7-54 authorize the commissioners court to require the removal or 7-55 destruction of a building or the discontinuation of the use of a 7-56 building that exists at the time the court implements this 7-57 subchapter if such use or building does not conform to the 7-58 regulations of the zoning district in which the property is then 7-59 located. 7-60 (b) The storage, placement, or parking of scrap, used, or 7-61 junk vehicles, machinery, or other types of material or items that 7-62 are not within an enclosed structure or building, including 7-63 semi-sheltered flea-market-type activities, that by reason of the 7-64 implementation of this subchapter become nonconforming with the 7-65 regulations of the zoning district in which then located may be 7-66 required by the commissioners court to be removed, the property 7-67 cleared, and the act or activity terminated within two years of the 7-68 date of service to the owner and/or occupant of a notice to this 7-69 effect as ordered by the commissioners court. 7-70 (c) This subchapter does not authorize the commissioners 8-1 court to regulate or restrict the right of a landowner, a person 8-2 acting in the landowner's behalf, or a tenant or lessee of land to 8-3 construct improvements for agriculture and ranching operations or 8-4 to otherwise use the land for agriculture or ranching, including 8-5 range and wildlife management. Commercial feed lots, commercial 8-6 livestock loading and receiving facilities, commercial livestock 8-7 and produce processing facilities, commercial disposal of solid or 8-8 liquid waste material of any type, and the commercial quarrying or 8-9 extraction of sand, gravel, caliche, or stone shall not be 8-10 considered agricultural or ranching operations and may be regulated 8-11 by the commissioners court as necessary to protect the public 8-12 health, safety, peace, morals, and general welfare from the dangers 8-13 of explosion, flooding, vermin, insects, physical injury, 8-14 contagious disease, contamination of water supplies, radiation, 8-15 storage of toxic materials, or other hazards. 8-16 (d) This subchapter, an order adopted under this subchapter, 8-17 or a zoning regulation does not apply to the location, 8-18 construction, maintenance, or use of any buildings, structures, or 8-19 equipment used in providing telephone service to the public. 8-20 SECTION 2. The importance of this legislation and the 8-21 crowded condition of the calendars in both houses create an 8-22 emergency and an imperative public necessity that the 8-23 constitutional rule requiring bills to be read on three several 8-24 days in each house be suspended, and this rule is hereby suspended, 8-25 and that this Act take effect and be in force from and after its 8-26 passage, and it is so enacted. 8-27 * * * * * 8-28 Austin, 8-29 Texas 8-30 May 12, 1993 8-31 Hon. Bob Bullock 8-32 President of the Senate 8-33 Sir: 8-34 We, your Committee on Intergovernmental Relations to which was 8-35 referred S.B. No. 1411, have had the same under consideration, and 8-36 I am instructed to report it back to the Senate with the 8-37 recommendation that it do not pass, but that the Committee 8-38 Substitute adopted in lieu thereof do pass and be printed. 8-39 Armbrister, 8-40 Chairman 8-41 * * * * * 8-42 WITNESSES 8-43 FOR AGAINST ON 8-44 ___________________________________________________________________ 8-45 Name: Tim Ward (Judge) x 8-46 Representing: Kinney County 8-47 City: Brackettville 8-48 -------------------------------------------------------------------