By Walker H.B. No. 3127
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county development regulations in certain
1-3 unincorporated areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 231, Local Government Code, is amended by
1-6 adding Subchapter L to read as follows:
1-7 Subchapter L. County Development Regulations
1-8 Section 231.241. Legislative Findings; Purpose. (a) The
1-9 Legislature finds that:
1-10 (1) the orderly development of the unincorporated area
1-11 of counties is of concern to the entire state; and
1-12 (2) without adequate development regulations, the
1-13 unincorporated areas of counties may be developed in ways that
1-14 endanger and interfere with the proper use of that area to the
1-15 detriment of the public health, safety, morals, and general
1-16 welfare.
1-17 (b) The powers granted under this subchapter are for the
1-18 purpose of promoting the public health, safety, peace, morals, and
1-19 general welfare.
1-20 Section 231.242. Areas Subject to Regulation. This
1-21 subchapter applies only to the unincorporated areas of a county in
1-22 which the commissioners court by order elects to operate under this
1-23 subchapter.
2-1 Section 231.243. Development Regulations Generally. (a) The
2-2 commissioners court may, for the areas subject to this subchapter
2-3 in its respective county, regulate the location and use of
2-4 buildings, other structures, and land for business or industrial
2-5 purposes.
2-6 (b) The commissioners court may not regulate under this
2-7 subchapter the locations and use of buildings, other structures,
2-8 and land for residential or agricultural purposes.
2-9 Section 231.244. Permit Application Requirements; Issuance
2-10 of permit. (a) A person who desires to locate or use buildings,
2-11 other structures, or land for business or industrial purposes shall
2-12 file a permit application with the county. The county shall
2-13 provide a uniform permit application for this purpose. The county
2-14 may require payment of an application fee sufficient to cover the
2-15 cost of administering this subchapter.
2-16 (b) Upon filing of the application, the county shall provide
2-17 notice of the filing of the application and the proposed use to
2-18 each owner of property that is located within 1,000 feet of
2-19 property affected by the change or to the person who renders the
2-20 property for county taxes. The notice may be served by depositing
2-21 it postage paid and properly addressed, in the United States mail.
2-22 (c) If a written protest from a person receiving notice
2-23 under Subsection 231.244 (b) is filed with the county within 30
2-24 days of the mailing of the notice, the commissioners court shall
2-25 conduct a hearing on the application and the affirmative vote of at
2-26 least four members of the commissioners court shall be required for
3-1 issuance of the permit. If no written protest is filed within 30
3-2 days, the permit shall be automatically issued.
3-3 Section 231.245. Assignment of Permit. A permit issued by
3-4 the county may be assigned and transferred to another person upon
3-5 filing of a notice of assignment with the county. The county shall
3-6 provide an assignment form for this purpose.
3-7 Section 231.246. New Permit Required. Any proposed change in
3-8 the location or use of buildings, other structures, or land for
3-9 other business or industrial purposes shall require a new permit.
3-10 Section 321.247. Districts. The commissioners court may
3-11 divide the area in its county, that is subject to this subchapter,
3-12 into districts of a number, shape, and size the court considers
3-13 best for carrying out this subchapter, provided that no portion of
3-14 an election precinct may be located in more than one district.
3-15 Within each district, the commissioners court may regulate the
3-16 location or use of buildings, or structures, or land for business
3-17 or industrial purposes.
3-18 Section 231.075. Notice and Hearing. (a) Before adoption of
3-19 an order to operate under this subchapter, the commissioners court
3-20 shall publish notice of its intent to consider an order to operate
3-21 under this subchapter at least once in a newspaper of general
3-22 circulation in the county. The notice shall include the date,
3-23 time, and place for a public hearing on the matter. The notice
3-24 shall be published at least 30 days before the hearing. After the
3-25 public hearing, the commissioners court may adopt the order.
3-26 Section 231.076. Local Option Election. (a) If before the
4-1 adoption of the order, the county clerk of the county receives a
4-2 petition signed by at least five percent of the qualified voters in
4-3 the unincorporated areas of the county and the county clerk
4-4 certifies that the petition is valid, the commissioners court may
4-5 not adopt an order to operate under this subchapter, unless the
4-6 order is approved at an election ordered, held, and conducted in
4-7 the manner provided for bond elections under Chapter 1, Title 22,
4-8 Revised Statutes.
4-9 (b) To be valid, a petition must include each signer's
4-10 current voter registration number, printed name, and residence
4-11 address, including zip code. Each signer must enter beside the
4-12 signature the date on which the petition is signed. A signature
4-13 may not be counted if the signer fails to include the date or if
4-14 the date of signing is before the 30th day before the date the
4-15 petition is filed with the county clerk.
4-16 (c) A petition for the local option election must include a
4-17 statement worded substantially as provided by this subsection and
4-18 located on each page of the petition preceding the space reserved
4-19 for signatures: "This petition is to request that an election be
4-20 held in the unincorporated areas of (name of county) to consider
4-21 whether to authorize the county to regulate the location or use of
4-22 buildings, other structures, and land for business or industrial
4-23 purposes.
4-24 Section 231.077. Enforcement; Penalty; Remedies. (a) The
4-25 commissioners court may adopt orders to enforce this subchapter or
4-26 an order or a regulation adopted under this subchapter.
5-1 (b) A person commits an offense if the person violates this
5-2 subchapter or an order or a regulation adopted under this
5-3 subchapter. An offense under this subsection is a Class B
5-4 misdemeanor. Each day that a violation occurs constitutes a
5-5 separate offense.
5-6 (c) A person who violates this subchapter or an order or a
5-7 regulation adopted under this subchapter is liable to the county
5-8 for a civil penalty in an amount not to exceed $1,000 for each day
5-9 the violation exists. The appropriate attorney representing the
5-10 county in civil actions may file a civil action in a court of
5-11 competent jurisdiction to recover the civil penalty. If the
5-12 attorney for the county prevails in the civil action, the person
5-13 shall reimburse the county for the costs of the civil action,
5-14 including court costs and attorney's fees. In determining the
5-15 amount of the penalty, the court shall consider the seriousness of
5-16 the violation. A penalty recovered under this subsection shall be
5-17 deposited into the county treasury to the credit of the general
5-18 fund.
5-19 (d) If a building or other structure is erected,
5-20 constructed, reconstructed, altered, repaired, converted, razed, or
5-21 maintained or if a building, other structure, or land is used in
5-22 violation of this subchapter or an order or a regulation adopted
5-23 under this subchapter, the appropriate county authority, in
5-24 addition to other remedies, may institute appropriate action to:
5-25 (1) prevent or remove the unlawful action or use,
5-26 including an unlawful erection, construction, reconstruction,
6-1 alteration, repair, conversion, razing, or maintenance;
6-2 (2) enjoin, restrain, correct, or abate the violation;
6-3 (3) prevent the occupancy of the building, structure,
6-4 or land; or
6-5 (4) prevent illegal act, conduct, business, or use on
6-6 or about the premises.
6-7 Section 231.077. Exceptions. This subchapter or an order or
6-8 a regulation adopted under this subchapter does not apply to the
6-9 location or use of buildings, other structures or land for business
6-10 or industrial purposes operating under a permit issued by a state
6-11 or federal agency.
6-12 Section 231.078. Review of Refusal to Issue Permit. A
6-13 refusal to issue a permit under this subchapter is reviewable by a
6-14 court of competent jurisdiction under the substantial evidence rule
6-15 if suit is filed within 30 days after the permit is refused.
6-16 SECTION 2. This Act will take effect immediately if it
6-17 receives a vote of two-thirds of all the member elected to each
6-18 house, as provided by Section 39, Article III, Texas Constitution.
6-19 If this Act does not receive the vote necessary for immediate
6-20 effect, this Act takes effect on September 1, 2001.