SRC-TBR, C.S.S.B. 517 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 517
77R3157 PAM-DBy: Lucio
Business & Commerce
2/23/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas border is plagued by a rash of unincorporated
subdivisions that lack basic services such as water, wastewater systems,
electricity and paved roads.  These areas are commonly known as "colonias."
C.S.S.B. 517 provides border counties the necessary tools to prevent the
proliferation of colonias. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 7B, Local Government Code, by adding Chapter 236,
as follows: 

 CHAPTER 236.  REGULATION OF LAND DEVELOPMENT IN CERTAIN
      COUNTIES

 Sec. 236.001.  PURPOSE.  Sets forth the purpose of this chapter.  

Sec. 236.002.  APPLICABILITY.  Provides that this chapter applies only to a
county any part of which is located within 50 miles of an international
border. 

Sec. 236.003.  REGULATORY AUTHORITY.  Authorizes the commissioners court of
the county by order to regulate land development in the unincorporated area
of the county by setting forth certain regulations. 

Sec. 236.004.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDER. Provides
that if an order adopted under this chapter conflicts with an ordinance of
a municipality, the municipal ordinance prevails within the municipality's
jurisdiction to the extent of the conflict. 

Sec. 236.005.  EXISTING COUNTY AUTHORITY UNAFFECTED.  Provides that the
authority granted by this chapter does not affect the authority of the
commissioners court to adopt an order or ordinance under other law. 

Sec. 236.006.  INJUNCTION.  Provides that the county, in a suit brought by
the county attorney or other prosecuting attorney representing the county
in the district court, is entitled to appropriate injunctive relief to
prevent the violation or threatened violation of an order adopted under
this chapter from continuing or occurring. 

Sec. 236.007.  PENALTY.  Provides that a person commits a Class C
misdemeanor if the person violates a restriction or prohibition imposed by
an order adopted under this chapter.   

 SECTION 2.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 517, Title 7, Subtitle B, Chapter 236,
adding Sec. 236.001 PURPOSE, and redesignating Sec. 236.001 to 236.002,
236.002 to 236.003, 236.003 to 236.004, 236.004 to 236.005, 236.005 to
236.006, and 236.006 to 236.007. 

SECTION 2.  No change.