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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of Zapata County to adopt development |
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regulations for certain unincorporated areas of the county; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter L to read as follows: |
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SUBCHAPTER L. DEVELOPMENT REGULATIONS IN ZAPATA COUNTY |
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Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) a substantial majority of Zapata County is located |
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within the watershed that drains into the International Falcon |
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Reservoir; |
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(2) the area that surrounds the International Falcon |
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Reservoir in Zapata County is experiencing growth in population as |
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a result of land development and will be frequented for residential |
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and recreational purposes by residents from every part of the |
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state; |
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(3) orderly development of the area and the watershed |
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is of concern to the entire state; and |
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(4) without adequate development regulations, the |
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area and the watershed have been and will continue to be developed |
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in ways that: |
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(A) endanger and interfere with the proper use of |
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the area and the watershed for residential and recreational |
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purposes; and |
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(B) are detrimental to the public health, safety, |
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morals, and general welfare. |
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(b) The powers granted under this subchapter are for the |
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purpose of: |
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(1) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(2) encouraging recreation; and |
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(3) safeguarding and preventing the pollution of the |
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state's rivers and lakes. |
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Sec. 231.252. AREAS SUBJECT TO REGULATION. This |
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subchapter applies only to the unincorporated areas of Zapata |
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County. |
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Sec. 231.253. DEVELOPMENT REGULATIONS GENERALLY. The |
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Commissioners Court of Zapata County may regulate: |
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(1) the percentage of a lot that may be occupied or |
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developed; |
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(2) population density; |
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(3) the size of buildings; |
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(4) the location, design, construction, extension, |
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and size of streets and roads; |
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(5) the location, design, construction, extension, |
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size, and installation of water and wastewater facilities, |
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including the requirements for connecting to a centralized water or |
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wastewater system; |
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(6) the location, design, construction, extension, |
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size, and installation of drainage facilities and other required |
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public facilities; |
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(7) the location, design, and construction of parks, |
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playgrounds, and recreational areas; and |
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(8) the abatement of harm resulting from inadequate |
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water or wastewater facilities. |
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Sec. 231.254. COMPLIANCE WITH COUNTY PLAN. Development |
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regulations must be: |
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(1) adopted in accordance with a county plan for |
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growth and development of the county; and |
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(2) coordinated with the comprehensive plans of |
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municipalities located in the county. |
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Sec. 231.255. DISTRICTS. (a) The commissioners court may |
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divide the unincorporated area of the county into districts of a |
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number, shape, and size the court considers best for carrying out |
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this subchapter. |
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(b) Development regulations may vary from district to |
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district. |
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Sec. 231.256. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) A development regulation adopted |
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under this subchapter is not effective until it is adopted by the |
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commissioners court after a public hearing. Before the 15th day |
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before the date of the hearing, the commissioners court must |
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publish notice of the hearing in a newspaper of general circulation |
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in the county. |
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(b) The commissioners court may establish or amend a |
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development regulation only by an order passed by a majority vote of |
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the full membership of the court. |
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Sec. 231.257. DEVELOPMENT COMMISSION. (a) The |
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commissioners court may appoint a development commission to assist |
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in the implementation and enforcement of development regulations |
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adopted under this subchapter. |
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(b) The development commission must consist of an ex officio |
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chairman who must be a public official in Zapata County and four |
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additional members. |
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(c) The development commission is advisory only and may |
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recommend appropriate development regulations for the county. |
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(d) The members of the development commission are subject to |
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the same requirements relating to conflicts of interest that are |
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applicable to the commissioners court under Chapter 171. |
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Sec. 231.258. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a development regulation adopted under this subchapter may petition |
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the commissioners court or the development commission, if the |
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commissioners court has established a development commission, for a |
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special exception to a development regulation adopted by the |
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commissioners court. |
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(b) The commissioners court shall adopt procedures |
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governing applications, notice, hearings, and other matters |
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relating to the grant of a special exception. |
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Sec. 231.259. ENFORCEMENT; PENALTY. (a) The commissioners |
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court may adopt orders to enforce this subchapter or an order or |
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development regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates this |
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subchapter or an order or development regulation adopted under this |
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subchapter. An offense under this subsection is a misdemeanor |
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punishable by a fine of not less than $500 or more than $1,000. Each |
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day that a violation occurs constitutes a separate offense. Trial |
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shall be in the district court. |
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Sec. 231.260. COOPERATION WITH MUNICIPALITIES. The |
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commissioners court by order may enter into agreements with any |
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municipality located in the county to assist in the implementation |
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and enforcement of development regulations adopted under this |
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subchapter. |
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Sec. 231.261. CONFLICT WITH OTHER LAWS. If a development |
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regulation adopted under this subchapter imposes higher standards |
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than those required under another statute or local order or |
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regulation, the regulation adopted under this subchapter controls. |
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If the other statute or local order or regulation imposes higher |
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standards, that statute, order, or regulation controls. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend H.B. No. 4068 by striking all below the enacting clause |
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and substituting the following: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter L to read as follows: |
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SUBCHAPTER L. |
ZONING AROUND FALCON LAKE |
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Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the area that surrounds Falcon Lake in Zapata |
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County is frequented for recreational purposes by residents from |
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every part of the state; |
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(2) orderly development and use of the area is of |
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concern to the entire state; and |
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(3) buildings in the area that are frequented for |
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resort or recreational purposes tend to become congested and to be |
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used in ways that interfere with the proper use of the area as a |
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place of recreation to the detriment of the public health, safety, |
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morals, and general welfare. |
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(b) The powers granted under this subchapter are for the |
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purpose of promoting the public health, safety, peace, morals, and |
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general welfare and encouraging the recreational use of county |
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land. |
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Sec. 231.252. AREAS SUBJECT TO REGULATION. This |
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subchapter applies only to the unincorporated area of Zapata County |
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located within 25,000 feet of: |
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(1) the project boundary line for Falcon Lake; and |
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(2) the Rio Grande river. |
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Sec. 231.253. FALCON LAKE PLANNING COMMISSION. (a) A lake |
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planning commission is established for the area subject to this |
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subchapter. The commission is comprised of: |
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(1) four residents of Zapata County, with one resident |
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from each of the county commissioner precincts, appointed by that |
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precinct's commissioner; and |
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(2) a person, who shall serve as the commission's |
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presiding officer, appointed by the county judge of Zapata County. |
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(b) Except as provided by Subsection (c), the members of the |
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commission shall be appointed for two year terms that expire |
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February 1 of each odd-numbered year. |
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(c) The terms of the initial members of the commission |
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expire on February 1st of the first February in an odd-numbered year |
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following their appointment. |
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(d) The commissioners court of Zapata County may employ |
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staff for the commission to use in performing the commission's |
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functions. |
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Sec. 231.254. COMMISSION STUDY & REPORT; HEARING. (a) At |
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the request of the commissioners court of Zapata County, the |
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commission shall, or on the lake planning commission's own |
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initiative, the commission may, conduct studies of the area subject |
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to this subchapter and prepare reports to advise the commissioner's |
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court about matters affecting that area, including any need for |
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zoning regulations in that area. |
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(b) Before the commission may prepare a report, the |
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commission must hold a public hearing in which members of the public |
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may offer testimony regarding any subject to be included in the |
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commission's report. The commission shall provide notice of the |
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hearing as required by the commissioner's court. |
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Sec. 231.255. ZONING REGULATIONS. After receiving a report |
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from the lake planning commission under Section 231.254, the |
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commissioner's court of Zapata County may adopt zoning regulations |
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for the area subject to this subchapter and in accordance with the |
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report that regulate: |
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(1) the height, number of stories, and size of |
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buildings and other structures; |
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(2) the percentage of a lot that may be occupied; |
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(3) the size of yards, courts, and other open spaces; |
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(4) population density; |
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(5) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; and |
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(6) the placement of water and sewage facilities, |
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parks, and other public requirements. |
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Sec. 231.256. DISTRICTS. (a) The commissioners court may |
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divide the area in the county that is subject to this subchapter |
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into districts of a number, shape, and size the court considers best |
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for carrying out this subchapter. Within each district, the |
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commissioners court may regulate the erection, construction, |
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reconstruction, alteration, repair, or use of buildings, other |
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structures, or land. |
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(b) The zoning regulations must be uniform for each class or |
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kind of building in a district, but the regulations may vary from |
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district to district. The regulations shall be adopted with |
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reasonable consideration, among other things, for the character of |
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each district and its peculiar suitability for particular uses, |
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with a view of conserving the value of buildings and encouraging the |
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most appropriate use of land throughout the area. |
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Sec. 231.257. ENFORCEMENT; PENALTY; REMEDIES. (a) The |
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commissioners court may adopt orders to enforce this subchapter, |
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any order adopted under this subchapter, or a zoning regulation. |
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(b) A person commits an offense if the person violates this |
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subchapter, an order adopted under this subchapter, or a zoning |
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regulation. An offense under this subsection is a misdemeanor, |
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punishable by fine, imprisonment, or both, as provided by the |
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commissioners court. The commissioners court may also provide |
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civil penalties for a violation. |
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(c) If a building or other structure is erected, |
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constructed, reconstructed, altered, repaired, converted, or |
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maintained or if a building, other structure, or land is used in |
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violation of this subchapter, an order adopted under this |
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subchapter, or a zoning regulation, the appropriate county |
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authority, in addition to other remedies, may institute appropriate |
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action to: |
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(1) prevent the unlawful erection, construction, |
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reconstruction, alteration, repair, conversion, maintenance, or |
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use; |
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(2) restrain, correct, or abate the violation; |
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(3) prevent the occupancy of the building, structure, |
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or land; or |
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(4) prevent any illegal act, conduct, business, or use |
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on or about the premises. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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Guillen |