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 -------------------------------------------------------------------