1-1 By: Lucio, Zaffirini, Truan S.B. No. 517 1-2 (In the Senate - Filed February 2, 2001; February 5, 2001, 1-3 read first time and referred to Committee on Business and Commerce; 1-4 February 26, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; 1-6 February 26, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 517 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to authorizing certain counties to regulate land 1-11 development; providing a penalty. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle B, Title 7, Local Government Code, is 1-14 amended by adding Chapter 236 to read as follows: 1-15 CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN 1-16 COUNTIES 1-17 Sec. 236.001. PURPOSE. The purpose of this chapter is to 1-18 allow counties to regulate land development in unincorporated areas 1-19 to prevent the proliferation of colonias. 1-20 Sec. 236.002. APPLICABILITY. This chapter applies only to a 1-21 county any part of which is located within 50 miles of an 1-22 international border. 1-23 Sec. 236.003. REGULATORY AUTHORITY. The commissioners court 1-24 of the county by order may regulate land development in the 1-25 unincorporated area of the county by: 1-26 (1) adopting regulations relating to: 1-27 (A) maximum densities, including the size of 1-28 lots; 1-29 (B) the height, number of stories, size, or 1-30 number of buildings or other structures that may be located on a 1-31 lot or tract; 1-32 (C) the percentage of a lot or tract that may be 1-33 occupied; and 1-34 (D) the location of buildings and other 1-35 structures on a lot or tract; and 1-36 (2) adopting building codes to promote safe and 1-37 uniform building, plumbing, and electrical standards. 1-38 Sec. 236.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 1-39 ORDER. If an order adopted under this chapter conflicts with an 1-40 ordinance of a municipality, the municipal ordinance prevails 1-41 within the municipality's jurisdiction to the extent of the 1-42 conflict. 1-43 Sec. 236.005. EXISTING COUNTY AUTHORITY UNAFFECTED. The 1-44 authority granted by this chapter does not affect the authority of 1-45 the commissioners court to adopt an order or ordinance under other 1-46 law. 1-47 Sec. 236.006. INJUNCTION. The county, in a suit brought by 1-48 the county attorney or other prosecuting attorney representing the 1-49 county in the district court, is entitled to appropriate injunctive 1-50 relief to prevent the violation or threatened violation of an order 1-51 adopted under this chapter from continuing or occurring. 1-52 Sec. 236.007. PENALTY. A person commits an offense if the 1-53 person violates a restriction or prohibition imposed by an order 1-54 adopted under this chapter. An offense under this section is a 1-55 Class C misdemeanor. 1-56 SECTION 2. This Act takes effect immediately if it receives 1-57 a vote of two-thirds of all the members elected to each house, as 1-58 provided by Section 39, Article III, Texas Constitution. If this 1-59 Act does not receive the vote necessary for immediate effect, this 1-60 Act takes effect September 1, 2001. 1-61 * * * * *