78R4384 PAM-D
By: Guillen H.B. No. 2700
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties to exercise certain
regulatory authority in the unincorporated area of the county;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 232, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. REGULATION OF USE, LOCATION, AND CONSTRUCTION IN
BORDER COUNTIES
Sec. 232.121. APPLICABILITY. This subchapter applies only
to a county that is adjacent to an international border.
Sec. 232.122. AREA SUBJECT TO REGULATION. This subchapter
applies only to the unincorporated area of the county.
Sec. 232.123. EXEMPTIONS. An order adopted under this
subchapter does not apply to a building, other structure, or land
used for:
(1) recreational or agricultural purposes; or
(2) business, industrial, or residential purposes, if
the owner has been issued a permit for that use by a state or federal
agency.
Sec. 232.124. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
ORDER. If an order adopted under this subchapter conflicts with an
ordinance of a municipality, the municipal ordinance prevails
within the municipality's jurisdiction to the extent of the
conflict.
Sec. 232.125. EXISTING COUNTY AUTHORITY UNAFFECTED. The
authority granted under this subchapter does not affect the
authority of the commissioners court to adopt an order or ordinance
under other law.
Sec. 232.126. REGULATORY AUTHORITY. The commissioners
court of the county may adopt an order to regulate the following
matters if the grant of that authority to the commissioners court is
approved at an election under this subchapter:
(1) the construction of buildings and other
structures; and
(2) the use of land and the location and use of
buildings and other structures for business, industrial, or
residential purposes.
Sec. 232.127. PETITION. (a) The voters may file a petition
with the county clerk to initiate an election under this
subchapter. The petition must:
(1) be signed by at least five percent of the
registered voters in the unincorporated area of the county;
(2) include the voter registration number, printed
name, and residence address, including the zip code, of each person
signing the petition;
(3) include beside each person's signature the date
the person signed the petition; and
(4) include a statement located on each page of the
petition preceding the space reserved for signatures worded
substantially similar to the following: "This petition is to
request that an election be held in (name of county) to consider
whether to authorize the county to regulate in the unincorporated
area of the county:
(A) the construction of buildings and other
structures; and
(B) the use of land and the location and use of
buildings and other structures for business, industrial, or
residential purposes."
(b) On or before the 10th day after the date a petition is
filed with the county clerk, the county clerk shall verify the
petition. A person's signature may not be counted if the person
fails to include the date of signing or if the date of signing is
before the 30th day before the date the petition is filed.
Sec. 232.128. ELECTION. (a) The commissioners court shall
order and hold an election in the county on the question of granting
the commissioners court the authority described by Section 232.126
if:
(1) the commissioners court determines regulation is
necessary to protect the public health, safety, or welfare; or
(2) a petition is verified under Section 232.127.
(b) In the election, the ballot shall be prepared to permit
voting for or against the proposition: "Granting (name of county)
the authority to regulate in the unincorporated area of the county:
(1) the construction of buildings and other
structures; and
(2) the use of land and the location and use of
buildings and other structures for business, industrial, or
residential purposes."
(c) If a majority of the votes received on the question at
the election approve the grant of authority, the commissioners
court may adopt an order under Section 232.126.
Sec. 232.129. DISTRICTS. (a) The commissioners court may
divide the unincorporated area of the county into districts of a
number, shape, and size the court considers best for carrying out
this subchapter.
(b) In dividing the unincorporated area under Subsection
(a), no portion of an election precinct may be located in more than
one district.
(c) The commissioners court may exercise the authority
provided by this subchapter in each district.
Sec. 232.130. FEES. The commissioners court by order may
set fees that relate to the administration of this subchapter and
that are in amounts sufficient to cover the costs of administering
this subchapter.
Sec. 232.131. GENERAL ENFORCEMENT PROVISION. The
commissioners court may adopt an order to enforce an order adopted
under this subchapter.
Sec. 232.132. INJUNCTION. 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 an order
adopted under this subchapter from continuing or occurring.
Sec. 232.133. PENALTY. A person commits an offense if the
person violates a restriction or prohibition imposed by an order
adopted under this subchapter. An offense under this section is a
Class C misdemeanor.
SECTION 2. The heading to Chapter 232, Local Government
Code, is amended to read as follows:
CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS AND PROPERTY
DEVELOPMENT
SECTION 3. This Act takes effect September 1, 2003.