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                                  * * * * *