77R14049 PAM-D
By Lucio, et al. S.B. No. 517
Substitute the following for S.B. No. 517:
By Turner of Coleman C.S.S.B. No. 517
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain counties to regulate land
1-3 development; 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 CERTAIN
1-8 COUNTIES
1-9 Sec. 236.001. PURPOSE. The purpose of this chapter is to
1-10 allow counties to regulate residential land development in
1-11 unincorporated areas to prevent the proliferation of colonias.
1-12 Sec. 236.002. DEFINITIONS. In this chapter:
1-13 (1) "International Residential Code" means the
1-14 International Residential Code for One- and Two-Family Dwellings
1-15 promulgated by the International Code Council.
1-16 (2) "Residential" means having the character of a
1-17 detached one- or two-family dwelling or a multiple single-family
1-18 dwelling that is not more than three stories high with separate
1-19 means of egress, including the accessory structures of the
1-20 dwelling, and that does not have the character of a facility used
1-21 for the accommodation of transient guests or a structure in which
1-22 medical, rehabilitative, or assisted living services are provided
1-23 in connection with the occupancy of the structure.
1-24 Sec. 236.003. APPLICABILITY. This chapter applies only to a
2-1 county any part of which is located within 50 miles of an
2-2 international border.
2-3 Sec. 236.004. REGULATORY AUTHORITY. (a) The commissioners
2-4 court of the county by order may regulate residential land
2-5 development in the unincorporated area of the county by:
2-6 (1) adopting regulations relating to:
2-7 (A) maximum densities, including the size of
2-8 lots;
2-9 (B) the height, number of stories, size, or
2-10 number of buildings or other structures that may be located on a
2-11 lot or tract; and
2-12 (C) the location of buildings and other
2-13 structures on a lot or tract; and
2-14 (2) adopting building codes to promote safe and
2-15 uniform building, plumbing, and electrical standards.
2-16 (b) If a tract of land is appraised as agricultural or
2-17 open-space land by the appraisal district, the commissioners court
2-18 may not regulate land development on that tract under the authority
2-19 granted by Subsection (a)(1)(B), (a)(1)(C), or (a)(2).
2-20 (c) The authority granted under this section does not
2-21 authorize the commissioners court to adopt an order regulating
2-22 commercial property that is uninhabitable.
2-23 Sec. 236.005. RESIDENTIAL BUILDING CODE. (a) If the
2-24 commissioners court adopts a residential building code, the
2-25 commissioners court must:
2-26 (1) adopt the International Residential Code as it
2-27 existed on May 1, 2001; and
3-1 (2) apply the code to all construction, alteration,
3-2 remodeling, enlargement, and repair of residential structures in
3-3 the unincorporated area of the county.
3-4 (b) The commissioners court shall establish procedures to
3-5 administer and enforce the International Residential Code if it is
3-6 adopted.
3-7 (c) The commissioners court shall review and consider and
3-8 may adopt amendments made by the International Code Council to the
3-9 International Residential Code after May 1, 2001.
3-10 (d) An inspection of a residential structure in the
3-11 unincorporated area of the county must be conducted by a person
3-12 who:
3-13 (1) is an inspector certified by the International
3-14 Code Council, the Building Officials and Code Administrators
3-15 International, Inc., the International Conference of Building
3-16 Officials, or the Southern Building Code Congress International,
3-17 Inc., or is a licensed professional engineer; and
3-18 (2) has any other qualifications established by the
3-19 municipality.
3-20 (e) The county shall issue a building permit if the person
3-21 submitting the application for the permit files information
3-22 relating to the location of the residence, files the building plans
3-23 for the residence, and complies with the applicable regulations
3-24 relating to the issuance of the permit.
3-25 (f) The county may charge a reasonable building permit fee.
3-26 The county shall deposit a fee collected under this subsection in
3-27 an account in the general fund of the county dedicated to the
4-1 building permit program. The funds in the account may be used only
4-2 for the purpose of administering the building permit program.
4-3 Sec. 236.006. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
4-4 ORDER. If an order adopted under this chapter conflicts with an
4-5 ordinance of a municipality, the municipal ordinance prevails
4-6 within the municipality's jurisdiction to the extent of the
4-7 conflict.
4-8 Sec. 236.007. EXISTING COUNTY AUTHORITY UNAFFECTED. The
4-9 authority granted by this chapter does not affect the authority of
4-10 the commissioners court to adopt an order or ordinance under other
4-11 law.
4-12 Sec. 236.008. INJUNCTION. The county, in a suit brought by
4-13 the county attorney or other prosecuting attorney representing the
4-14 county in the district court, is entitled to appropriate injunctive
4-15 relief to prevent the violation or threatened violation of an order
4-16 adopted under this chapter from continuing or occurring.
4-17 Sec. 236.009. PENALTY. (a) A person commits an offense if
4-18 the person violates a restriction or prohibition imposed by an
4-19 order adopted under this chapter. An offense under this section is
4-20 a Class C misdemeanor.
4-21 (b) If the Texas Department of Housing and Community Affairs
4-22 classifies a household as a low-income household, a penalty may not
4-23 be assessed against the owner-occupant of the residential dwelling
4-24 for a building standards or building code violation relating to the
4-25 dwelling unless the county makes available to the owner-occupant
4-26 housing rehabilitation assistance in an amount sufficient to cure
4-27 the violation. The assistance provided must be in the form of a
5-1 grant or loan and must be on payment terms that do not cause the
5-2 housing expenses of the owner-occupant to exceed 30 percent of the
5-3 owner-occupant's net income.
5-4 SECTION 2. This Act takes effect immediately if it receives
5-5 a vote of two-thirds of all the members elected to each house, as
5-6 provided by Section 39, Article III, Texas Constitution. If this
5-7 Act does not receive the vote necessary for immediate effect, this
5-8 Act takes effect September 1, 2001.