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.