By Lucio                                               S.B. No. 517
         77R3157 PAM-D                           
                                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.  APPLICABILITY. This chapter applies only to a
1-10     county any part of which is located within 50 miles of an
1-11     international border.
1-12           Sec. 236.002.  REGULATORY AUTHORITY. The commissioners court
1-13     of the county by order may regulate land development in the
1-14     unincorporated area of the county by:
1-15                 (1)  adopting regulations relating to:
1-16                       (A)  maximum densities, including the size of
1-17     lots;
1-18                       (B)  the height, number of stories, size, or
1-19     number of buildings or other structures that may be located on a
1-20     lot or tract;
1-21                       (C)  the percentage of a lot or tract that may be
1-22     occupied; and
1-23                       (D)  the location of buildings and other
1-24     structures on a lot or tract; and
 2-1                 (2)  adopting building codes to promote safe and
 2-2     uniform building, plumbing, and electrical standards.
 2-3           Sec. 236.003.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
 2-4     ORDER.  If an order adopted under this chapter conflicts with an
 2-5     ordinance of a municipality, the municipal ordinance prevails
 2-6     within the municipality's jurisdiction to the extent of the
 2-7     conflict.
 2-8           Sec. 236.004.  EXISTING COUNTY AUTHORITY UNAFFECTED.  The
 2-9     authority granted by this chapter does not affect the authority of
2-10     the commissioners court to adopt an order or ordinance under other
2-11     law.
2-12           Sec. 236.005.  INJUNCTION.  The county, in a suit brought by
2-13     the county attorney or other prosecuting attorney representing the
2-14     county in the district court, is entitled to appropriate injunctive
2-15     relief to prevent the violation or threatened violation of an order
2-16     adopted under this chapter from continuing or occurring.
2-17           Sec. 236.006.  PENALTY.  A person commits an offense if the
2-18     person violates a restriction or prohibition imposed by an order
2-19     adopted under this chapter.  An offense under this section is a
2-20     Class C misdemeanor.
2-21           SECTION 2.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the  vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.