By:  Guillen                                                      H.B. No. 3281


A BILL TO BE ENTITLED
AN ACT
relating to development regulations for certain unincorporated areas in border counties; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 231, Local Government Code, is amended by adding Subchapter L to read as follows:
SUBCHAPTER L. DEVELOPMENT REGULATIONS IN BORDER COUNTIES
Sec. 231.250. LEGISLATIVE FINDINGS; PURPOSE. (a) The legislature finds that: (1) economically distressed subdivisions commonly called 'colonias' are found throughout the border counties; (2) in recent years, the number of people living in colonias in the border counties has increased; (3) due to the implementation of the North American Free Trade Agreement ('NAFTA'), the General Agreement on Tariffs and Trade ('GATT'), other economic incentives, and the increasingly robust economic development along the Texas-Mexico border, the population in colonias and the overall population in the border counties will continue to increase; (4) as a result of such rapid growth, border counties are experiencing unprecedented development in areas that are not adequately provided with public facilities and services; (5) the vast majority of housing units in colonias lack an adequate potable water supply, wastewater or sewer services, adequate roads or drainage facilities, or open space; (6) many housing units in colonias are defective due to inadequate design and due to the lack of uniformity of building practices in the border counties; (7) many of the housing units in colonias are located in isolated rural segments in the border counties where the land is inexpensive and supporting public services cannot be provided; (8) the unplanned nature of growth affecting border counties and, in particular, the consumption of agricultural land by new development and the location of incompatible urban uses adjoining agricultural land in unincorporated areas of the border counties poses an imminent and unprecedented threat to the preservation of agricultural resources in the border counties, which is essential to the economic stability of border counties; (9) the unplanned growth, the lack of adequate public facilities, the location of new development relative to agricultural land, and general housing conditions in the border counties erode the economic stability of the border counties, which are dependent upon a healthy public and safe environment; (10) subdivision regulations governing residential development alone are insufficient to assure that border counties will be able to assure the public health, safety, and general welfare; (11) without adequate comprehensive planning, development regulations, and uniform codes governing construction of buildings, development in border counties will pose potential threats to the public health, safety, morals, and general welfare; (12) the need to address unplanned and potentially economically debilitating growth in the border counties is a compelling crisis that must be addressed through this legislation; (b) The powers granted under this subchapter are for the purposes of: (1) promoting the public health, safety, peace, morals, and general welfare; (2) preserving agricultural land; (3) assuring that growth and development can be adequately served by public facilities; (4) preventing the harmful effects of rapid urbanization; (5) coordinating provision of services with constituent municipalities; and (6) promoting safe and affordable housing in unincorporated areas. Sec. 231.251. AREAS SUBJECT TO REGULATION. (a) This subchapter applies only to the unincorporated areas of a county that has an international border, hereinafter referred to as a "border county." (b) This subchapter does not apply to land used solely for agricultural purposes. Sec. 231.252. DEVELOPMENT REGULATIONS AUTHORIZED The commissioners court of a border county may adopt orders establishing development regulations governing: (1) the percentage of a lot that may be occupied or developed; (2) residential density; (3) the size of buildings; (4) the location, design, construction, extension, and size of streets and roads; (5) the setback from or buffer between development and agricultural land; (6) the setback from or buffer between different types of uses; (7) the location, design, construction, extension, size, and installation of water and wastewater facilities, including the requirement of connecting to a centralized water or wastewater system; (8) the location, design, construction, extension, size, and installation of drainage facilities, and other public requirements; (9) the location, design, and construction of parks, playgrounds and recreational areas; and (10) abatement of harms resulting from inadequate water or wastewater facilities. Sec. 231.253. COUNTY PLANNING. (a) A border county may adopt a comprehensive plan for unincorporated areas for the long range development of the county that includes but is not limited to provisions on growth, land use, transportation and public facilities and that is used to coordinate and guide development regulations adopted under this subchapter. (b) Development regulations must be adopted in accordance with the county comprehensive plan for growth and must be coordinated with the comprehensive plans of municipalities within the county. Sec. 231.254. DISTRICTS (a) The commissioners court of a border county may divide the unincorporated areas of the county into districts of a number, shape, and size the court considers best for carrying out this subchapter. (b) Development regulations may vary from district to district. Sec. 231.255. LOCAL OPTION ELECTION. (a) This subchapter applies only to a county in which a majority of the voters voting on the question approve this subchapter's grant of authority to the county. (b) If an election is held, the ballot shall be printed to provide for voting for or against the proposition: Granting authority to the county to adopt development regulations in the unincorporated areas in the county. Each qualified voter of each precinct is entitled to vote in the election. Sec. 231.256. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. (a) A development regulation authorized by this subchapter is not effective until it is adopted by the commissioners court after public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county. (b) The commissioners court may establish or change a development regulation authorized by this subchapter only by an order passed by at least a majority vote of the full membership of the court. Sec. 231.257. DEVELOPMENT COMMISSION. (a) The commissioners court may appoint a development commission to assist in the implementation and enforcement of development regulations adopted under this subchapter. (b) A development commission must consist of an ex officio chairman who must be a public official in the county and four additional members. (c) A development commission is advisory only and may recommend appropriate development regulations for the county. (d) The members of the development commission are subject to the same requirements relating to conflicts of interest that are applicable to the commissioners court under Chapter 171. Sec. 231.258. SPECIAL EXCEPTION. (a) A person aggrieved by a development regulation adopted under this subchapter may petition the commissioners court, or the development commission, if the commissioners court has established a development commission, for a special exception to a development regulation adopted by the commissioners court. (b) The commissioners court shall adopt procedures governing applications, notice, hearings, and other matters related to the grant of a special exception. Sec. 231.259. ENFORCEMENT; PENALTY; REMEDIES. (a) The commissioners court may adopt orders to enforce this subchapter or any order adopted under this subchapter. (b) A person commits an offense if the person violates this subchapter or any order adopted under this subchapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day that a violation occurs constitutes a separate offense. Trial shall be in the district court. Sec. 231.260. COOPERATION WITH MUNICIPALITIES. The commissioners court by order may enter into agreements with any municipality located within the county to assist in the implementation and enforcement of development regulations adopted pursuant to this subchapter, including expressly agreements for implementation and enforcement within the extraterritorial jurisdiction of the municipality. Sec. 231.261. AUTHORITY TO ENFORCE BUILDING CODES. (a) The commissioners court by order may adopt a uniform building, fire, electrical or plumbing, or mechanical code adopted by a recognized national code organization, or a local amendment to such codes enacted solely to address imminent threats or destruction or property or injury to persons. (b) The commissioners court or any municipality in the county, maybe contract with on another for administration and for enforcement of the codes. (c) A person may not construct a building in an unincorporated areas of the county unless the person obtains a building permit issued in accordance with this section. (1) A person may apply for a building permit by to the commissioners court submitting a plan for the proposed building containing information required by the commissioners court; and (2) an application fee in an amount set by the commissioners court. (d) Within 30 days after the date the commissioners court receives a complete application and fee in accordance with subsection (c), the commissioners court shall either issue the permit, if the plan complies with the codes, or deny the permit, if the plan does not comply with the codes. For purposes of this section, if a complete application and fee is submitted to the commissioners court in accordance with subsection (c) and no action is taken on the application within 30 days by the commissioners court, the building permit shall be deemed approved. (e) The county shall inspect a building for compliance with applicable code requirements. (1) The commissioners court may provide that a county employee or an employee of another governmental entity under intergovernmental contract may perform the inspection. (2) A building inspector may enter and perform the inspection at a reasonable time at any stage of the building's construction and after completion of the building. (3) The county shall issue a certificate of compliance to the owner of a building inspected under this section if the inspector determines that the building complies with applicable codes. (f) The commissioners court may develop a fee schedule based on building type and may set and charges fees for inspections, issuance of building permits and issuance of certificates of compliance under this section. (1) The fees must be set in amounts necessary to cover the cost of administering and enforcing this section. (2) The county shall deposit fees received under this subchapter in a special fund in the county treasury, and money in that fund may be used only for the administration and enforcement of the codes. (g) The appropriate attorney representing the county in the district court may seek injunctive relief to prevent the violation or threatened violation of the codes. (h) The appropriate attorney representing the county in civil cases may file a civil action in a court of competent jurisdiction to recover from a person who violates applicable codes a civil penalty in an amount not to exceed $200 for each day on which the violation exists. In determining the amount of the penalty, the court shall consider the seriousness of the violation. Sec. 231.262. EXEMPTION. The provisions of Texas Government Code Chapter 2007, the Private Real Property Preservation Act, Subchapter C, relating to the preparation of a takings impact assessment, do not apply to the adoption or application of plans, orders, rules, regulations or exceptions authorized under this Act. Sec. 231.263. CONFLICT WITH OTHER LAWS. If a development regulation adopted under this subchapter imposes higher standards than those required under another statute, order or regulation, the development regulation adopted under this subchapter controls. If the other statute, order or regulation imposes higher standards, that statute, order or regulations controls. SECTION 2. This Act takes effects September 1, 2003.