S.B. 535 78(R)    BILL ANALYSIS


S.B. 535
By: Lucio
Border and International Affairs
Committee Report (Unamended)

BACKGROUND AND PURPOSE 

The Texas-Mexico border region has been plagued by a rash of
unincorporated subdivisions that lack basic services, such as water,
wastewater systems, electricity, and paved roads. These areas are commonly
known as "colonias." S.B. 535 would authorize border counties to act in
certain ways to prevent the proliferation of colonias. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

ANALYSIS

SECTION 1. S.B. 535 amends the Local Government Code to authorize the
commissioners court of the county by order to regulate, by certain
measures, residential land development in the unincorporated area of the
county to prevent the proliferation of colonias. The bill prohibits the
commissioners court from regulating land development on a tract of land
appraised as agricultural or open-space. The bill provides that authority
granted under this section does not authorize the commissioners court to
adopt an order regulating commercial property that is uninhabitable. The
bill provides that this chapter only applies to a county that includes
territory within 50 miles of an international border.  

S.B. 535 requires the county to issue a building permit to an applicant
who provides certain information and complies with applicable regulations.
The bill authorizes the county to charge a reasonable building permit fee
and requires the county to deposit  the fee collected under this section
in an account in the general fund of the county dedicated to the building
permit program. The bill authorizes the funds to be used only for
administering the building permit program. 

S.B. 535 provides that in a conflict between an order under this
subchapter and a municipal ordinance, the municipal ordinance prevails
within the municipality's jurisdiction.  S.B. 535 provides that authority
granted under this subchapter does not affect the commissioners court's
authority under other law.  The bill provides that in a suit in district
court the county is entitled to appropriate injunctive relief to prevent
the violation or threatened violation of an order adopted 
under this subchapter from continuing or occurring.

S.B. 535 defines an offense under this subchapter and provides that an
offense is a Class C misdemeanor. The bill prohibits assessment of a
building standards or code violation penalty against an owner-occupant
classified as low-income by the Texas Department of Housing and Community
Affairs, unless the county provides assistance sufficient to cure the
violation. The bill also requires assistance to be a grant or loan on
payment terms that do not cause housing expenses to exceed 30 percent of
the owner-occupant's net income. 

SECTION 2. S.B. 535 amends the heading to Chapter 232, Local Government
Code.  

SECTION 3. Effective date.

EFFECTIVE DATE

On passage, or if this Act does not receive the necessary vote, this Act
takes effect September 1, 2003.