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78R6026 AKH-D

By:  Geren                                                        H.B. No. 1604



A BILL TO BE ENTITLED

AN ACT

relating to county authority to regulate the use, location, and 
occupancy of land and buildings for residential purposes; providing 
a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 231, Local Government 
Code, is amended by adding Section 231.002 to read as follows:
	Sec. 231.002.  LOCATION, USE, AND OCCUPANCY REGULATIONS 
GENERALLY.  (a)  If the commissioners court of a county determines 
that the public health, safety, morals, and general welfare will be 
promoted, the court may regulate the:
		(1)  location, use, and occupancy of housing, including 
manufactured housing; and
		(2)  use and occupancy of land for residential 
purposes.             
	(b)  The authority to regulate under Subsection (a) applies 
only to areas outside the corporate limits of municipalities.
	(c)  If a regulation adopted under this section conflicts 
with a regulation of a municipality, the regulation of the 
municipality prevails within the jurisdiction of the municipality 
to the extent of the conflict.
	(d)  The commissioners court may impose a fee on a person for 
a county service, including the issuance of a permit, processing of 
an application, or performance of an inspection, performed in 
connection with that person and a regulation adopted under this 
section.  The amount of the fee may vary depending on the service 
performed.  The commissioners court shall set the fees in amounts 
necessary to cover the cost of administering and enforcing this 
section.
	(e)  The county, in a suit brought by the county attorney or 
other prosecuting attorney representing the county in the district 
court, is entitled to appropriate injunctive relief to prevent the 
violation or threatened violation of a regulation adopted under 
this section from continuing or occurring.
	(f)  A person commits an offense if the person violates a 
restriction or prohibition imposed by a regulation adopted under 
this section.  An offense under this section is a Class C 
misdemeanor.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.