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78R2708 MXM-D
By: Lucio 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. Subtitle B, Title 7, Local Government Code, is
amended by adding Chapter 236 to read as follows:
CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 236.001. DEFINITIONS. In this chapter:
(1) "International Residential Code" means the
International Residential Code for One-Family and Two-Family
Dwellings promulgated by the International Code Council.
(2) "Residential" means having the character of a:
(A) detached one-family or two-family dwelling;
or
(B) multiple single-family dwelling that is not
more than three stories high with separate means of egress,
including the accessory structures of the dwelling, and that does
not have the character of a:
(i) facility used for the accommodation of
transient guests; or
(ii) structure in which medical,
rehabilitative, or assisted living services are provided in
connection with the occupancy of the structure.
Sec. 236.002. APPLICABILITY. This chapter applies only to
a county that includes territory located within 50 miles of an
international border.
[Sections 236.003-236.050 reserved for expansion]
SUBCHAPTER B. REGULATORY AUTHORITY
Sec. 236.051. 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. 236.052. RESIDENTIAL BUILDING CODE. (a) If the
commissioners court adopts a residential building code, the
commissioners court must:
(1) adopt the International Residential Code as it
existed on May 1, 2003; and
(2) apply the code to all construction, alteration,
remodeling, enlargement, and repair of residential structures in
the unincorporated area of the county.
(b) The commissioners court shall establish procedures to
administer and enforce the International Residential Code if it is
adopted.
(c) The commissioners court shall review and consider and
may adopt amendments made by the International Code Council to the
International Residential Code after May 1, 2003.
Sec. 236.053. INSPECTIONS OF RESIDENTIAL STRUCTURES. An
inspection of a residential structure in the unincorporated area of
the county must be conducted by a person who:
(1) is an inspector certified by the International
Code Council, the Building Officials and Code Administrators
International, Inc., the International Conference of Building
Officials, or the Southern Building Code Congress International,
Inc., or is a licensed professional engineer; and
(2) has any other qualifications established by the
county.
Sec. 236.054. 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. 236.055. 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. 236.056. 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.
[Sections 236.057-236.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
Sec. 236.101. 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 chapter from continuing or occurring.
Sec. 236.102. PENALTY; EXCEPTION. (a) A person commits an
offense if the person violates a restriction or prohibition imposed
by an order adopted under this chapter. 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. 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.