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.