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.