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By:  Lucio, Madla                                                 S.B. No. 535


A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain counties to regulate land 
development; 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.  DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES
	Sec. 232.151.  APPLICABILITY.  This subchapter applies only 
to a county that includes territory located within 50 miles of an 
international border.
	Sec. 232.152.  REGULATORY AUTHORITY.  (a)  The 
commissioners court of the county by order may regulate residential 
land development in the unincorporated area of the county to 
prevent the proliferation of colonias by:
		(1)  adopting regulations relating to:                                 
			(A)  maximum densities, including the size of 
lots;                 
			(B)  the height, number of stories, size, or 
number of buildings or other structures that may be located on a lot 
or tract; and
			(C)  the location of buildings and other 
structures on a lot or tract; and
		(2)  adopting building codes to promote safe and 
uniform building, plumbing, and electrical standards.
	(b)  If a tract of land is appraised as agricultural or 
open-space land by the appraisal district, the commissioners court 
may not regulate land development on that tract under the authority 
granted by Subsection (a)(1)(B), (a)(1)(C), or (a)(2).
	(c)  The authority granted under this section does not 
authorize the commissioners court to adopt an order regulating 
commercial property that is uninhabitable.
	Sec. 232.153.  BUILDING PERMITS.  (a)  The county shall 
issue a building permit if the person submitting the application 
for the permit:
		(1)  files information relating to the location of the 
residence;    
		(2)  files the building plans for the residence; and                   
		(3)  complies with the applicable regulations relating 
to the issuance of the permit.
	(b)  The county may charge a reasonable building permit fee.            
	(c)  The county shall deposit a fee collected under this 
section in an account in the general fund of the county dedicated to 
the building permit program.  The funds in the account may be used 
only for the purpose of administering the building permit program.
	Sec. 232.154.  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. 232.155.  EXISTING COUNTY AUTHORITY UNAFFECTED.  The 
authority granted by this subchapter does not affect the authority 
of the commissioners court to adopt an order or ordinance under 
other law.
	Sec. 232.156.  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. 232.157.  PENALTY; EXCEPTION.  (a)  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.
	(b)  If the Texas Department of Housing and Community Affairs 
classifies a household as a low-income household, a penalty may not 
be assessed under this section against the owner-occupant of the 
residential dwelling for a building standards or building code 
violation relating to the dwelling unless the county makes 
available to the owner-occupant housing rehabilitation assistance 
in an amount sufficient to cure the violation.  The assistance 
provided must be a grant or loan and must be on payment terms that do 
not cause the housing expenses of the owner-occupant to exceed 30 
percent of the owner-occupant's net income.
	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 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.