By:  Lucio, et al.                                     S.B. No. 517
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing counties to regulate land development;
 1-3     providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle B, Title 7, Local Government Code, is
 1-6     amended by adding Chapter 236 to read as follows:
 1-7          CHAPTER 236.  REGULATION OF LAND DEVELOPMENT IN COUNTIES
 1-8           Sec. 236.001.  PURPOSE.  The purpose of this chapter is to
 1-9     allow counties to regulate land development in unincorporated areas
1-10     to prevent the proliferation of colonias and substandard housing
1-11     developments.
1-12           Sec. 236.002.  DEFINITIONS.  In this chapter:
1-13                 (1)  "Substandard housing development" means an area in
1-14     which:
1-15                       (A)  water supply or sewer services are
1-16     inadequate to meet minimal needs of residential users;
1-17                       (B)  there is a lack of safe and sanitary
1-18     housing; and
1-19                       (C)  the majority population is composed of
1-20     individuals and families of low and very low income, as defined by
1-21     Section 2306.004, Government Code.
1-22           Sec. 236.003.  REGULATORY AUTHORITY.  The commissioners court
1-23     of the county by order may regulate land development in the
1-24     unincorporated area of the county by:
1-25                 (1)  adopting regulations relating to:
 2-1                       (A)  maximum densities, including the size of
 2-2     lots;
 2-3                       (B)  the height, number of stories, size, or
 2-4     number of buildings or other structures that may be located on a
 2-5     lot or tract;
 2-6                       (C)  the percentage of a lot or tract that may be
 2-7     occupied; and
 2-8                       (D)  the location of buildings and other
 2-9     structures on a lot or tract; and
2-10                 (2)  adopting building codes to promote safe and
2-11     uniform building, plumbing, and electrical standards.
2-12           Sec. 236.004.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
2-13     ORDER.  If an order adopted under this chapter conflicts with an
2-14     ordinance of a municipality, the municipal ordinance prevails
2-15     within the municipality's jurisdiction to the extent of the
2-16     conflict.
2-17           Sec. 236.005.  EXISTING COUNTY AUTHORITY UNAFFECTED.  The
2-18     authority granted by this chapter does not affect the authority of
2-19     the commissioners court to adopt an order or ordinance under other
2-20     law.
2-21           Sec. 236.006.  INJUNCTION.  The county, in a suit brought by
2-22     the county attorney or other prosecuting attorney representing the
2-23     county in the district court, is entitled to appropriate injunctive
2-24     relief to prevent the violation or threatened violation of an order
2-25     adopted under this chapter from continuing or occurring.
2-26           Sec. 236.007.  PENALTY.  A person commits an offense if the
 3-1     person violates a restriction or prohibition imposed by an order
 3-2     adopted under this chapter.  An offense under this section is a
 3-3     Class C misdemeanor.
 3-4           SECTION 2.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the  vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.