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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain counties near the international |
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border to regulate land development; 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 M to read as follows: |
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SUBCHAPTER M. ZONING AND OTHER REGULATION IN CERTAIN COUNTIES NEAR |
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INTERNATIONAL BORDER |
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Sec. 231.261. PURPOSE. The powers granted under this |
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subchapter are for the purpose of: |
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(1) preventing the proliferation of colonias; |
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(2) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(3) protecting and preserving places and areas of |
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historical, cultural, environmental, or agricultural significance; |
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(4) encouraging recreation and education; and |
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(5) encouraging efficient use of land for business and |
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commerce. |
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Sec. 231.262. APPLICABILITY; AREA SUBJECT TO REGULATION. |
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(a) This subchapter applies only to a county with a population of |
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650,000 or more that is located within 50 miles of an international |
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border. |
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(b) This subchapter applies only to the unincorporated area |
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of the county. |
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Sec. 231.263. ZONING AND OTHER REGULATIONS GENERALLY. The |
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commissioners court of the county may regulate land development by: |
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(1) adopting regulations relating to: |
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(A) maximum densities, including the size of |
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lots; |
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(B) the height, number of stories, and size of |
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buildings or other structures; |
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(C) the percentage of a lot that may be occupied; |
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(D) the location of buildings and other |
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structures on a lot or tract; |
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(E) 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; |
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(F) the construction, reconstruction, |
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alteration, or razing of buildings or other structures; and |
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(G) the placement of water and sewage facilities, |
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parks, and other public requirements; and |
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(2) adopting building codes to promote safe and |
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uniform building, plumbing, and electrical standards. |
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Sec. 231.264. COMPLIANCE WITH COMPREHENSIVE PLAN. The |
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regulations must be adopted in accordance with a comprehensive plan |
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and must be designed to: |
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(1) lessen congestion in the streets and roads; |
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(2) secure safety from fire, panic, and other dangers; |
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(3) promote health and the general welfare; |
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(4) provide adequate light and air; |
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(5) prevent the overcrowding of land; |
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(6) avoid undue concentration of population; or |
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(7) facilitate the adequate provision of |
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transportation, water, sewers, parks, and other public |
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requirements. |
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Sec. 231.265. 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. Within each district, the commissioners court may |
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regulate the erection, construction, reconstruction, alteration, |
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repair, or use of buildings, other structures, or land. |
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(b) The regulations must be uniform for each class or kind |
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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 encouraging the most appropriate use of land |
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throughout the area. |
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Sec. 231.266. COMMISSION. (a) To exercise the powers |
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authorized by this subchapter, the commissioners court shall |
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appoint a five member zoning commission. The zoning commission |
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shall recommend boundaries for the original districts and |
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appropriate regulations for each district. |
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(b) The commissioners court shall appoint a chair from the |
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members of the zoning commission. The chair serves in that capacity |
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for a two-year term. The commissioners court shall appoint four |
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additional members for staggered two-year terms. In the event of |
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resignation, end of term, or a vacancy, the commissioners court |
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shall appoint new members. The zoning commission may employ a |
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secretary, an acting secretary, and other technical or clerical |
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personnel. |
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(c) In making initial appointments of zoning commission |
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members under Subsection (b), other than the chair, the |
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commissioners court shall designate by drawing lots staggered terms |
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of one year or two years for members to serve. |
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(d) A member of the zoning commission is not entitled to |
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compensation but is entitled to expenses actually incurred while |
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serving on the commission as provided by order of the commissioners |
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court. |
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(e) The zoning commission shall make a preliminary report |
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and hold public hearings on that report before submitting a final |
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report to the commissioners court. The commissioners court may not |
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take final action or hold a public hearing until it has received the |
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final report of the zoning commission. |
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(f) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification in the district shall be |
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sent to: |
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(1) each owner of affected property or to the person |
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who renders the property for county taxes; and |
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(2) each owner of property that is located within 200 |
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feet of property affected by the change or to the person who renders |
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the property for county taxes. |
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(g) The notice may be served by depositing it, postage paid |
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and properly addressed, in the United States mail. |
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Sec. 231.267. PROCEDURES GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) The commissioners court shall |
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establish procedures for adopting and enforcing regulations and |
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district boundaries. A regulation or district boundary is not |
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effective until it is adopted by the commissioners court after a |
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public hearing on the matter at which parties in interest and |
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citizens have an opportunity to be heard. 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 time and place of the hearing in a newspaper |
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of general circulation in the county. |
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(b) If a proposed change to a regulation or boundary is |
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protested in accordance with this subsection, the proposed change |
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must receive, in order to take effect, the affirmative vote of at |
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least four-fifths of all members of the commissioners court. The |
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protest must be written and signed by the owners of at least 20 |
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percent of either: |
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(1) the area of the lots covered by the proposed |
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change; or |
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(2) the area included in the lots or parcels of land |
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adjoining the area affected by the proposed change. |
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Sec. 231.268. BOARD OF ADJUSTMENT. (a) The commissioners |
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court may provide for the appointment of a board of adjustment. In |
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the regulations adopted under this subchapter, the commissioners |
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court may authorize the board of adjustment, in appropriate cases |
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and subject to appropriate conditions and safeguards, to make |
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special exceptions to the terms of the regulations that are |
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consistent with the general purpose and intent of the regulations |
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and in accordance with any applicable rules contained in the |
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regulations. |
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(b) A board of adjustment must consist of five members to be |
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appointed for staggered terms of two years. The appointing |
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authority may remove a board member for cause on a written charge |
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after a public hearing. A vacancy on the board shall be filled for |
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the unexpired term. |
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(c) The board shall adopt rules in accordance with any order |
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adopted under this subchapter. Meetings of the board are held at |
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the call of the chair and at other times as determined by the board. |
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The chair or acting chair may administer oaths and compel the |
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attendance of witnesses. All meetings of the board shall be open to |
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the public. |
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(d) The board shall keep minutes of its proceedings that |
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indicate the vote of each member on each question or indicate that a |
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member is absent or fails to vote. The board shall keep records of |
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its examinations and other official actions. The minutes and |
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records shall be filed immediately in the board's office and are |
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public records. |
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Sec. 231.269. AUTHORITY OF BOARD. (a) The board of |
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adjustment may: |
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(1) hear and decide an appeal that alleges error in an |
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order, requirement, decision, or determination made by an |
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administrative official in the enforcement of this subchapter or a |
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regulation adopted under this subchapter; |
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(2) hear and decide special exceptions to the terms of |
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a regulation adopted under this subchapter when the regulation |
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requires the board to do so; and |
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(3) authorize in specific cases a variance from the |
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terms of a regulation adopted under this subchapter if the variance |
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is not contrary to the public interest and, due to special |
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conditions, a literal enforcement of the regulation would result in |
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unnecessary hardship, and so that the spirit of the regulation is |
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observed and substantial justice is done. |
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(b) In exercising its authority under Subsection (a)(1), |
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the board may reverse or affirm, in whole or in part, or modify the |
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administrative official's order, requirement, decision, or |
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determination from which an appeal is taken and make the correct |
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order, requirement, decision, or determination, and for that |
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purpose the board has the same authority as the administrative |
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official. |
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(c) The concurring vote of four members of the board is |
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necessary to: |
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(1) reverse an order, requirement, decision, or |
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determination of an administrative official; |
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(2) decide in favor of an applicant on a matter on |
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which the board is required to pass under a regulation adopted under |
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this subchapter; or |
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(3) authorize a variation in a regulation adopted |
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under this subchapter. |
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Sec. 231.270. APPEAL TO BOARD. (a) Any of the following |
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persons may appeal to the board of adjustment a decision made by an |
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administrative official: |
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(1) a person aggrieved by the decision; or |
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(2) any officer, department, board, or bureau of the |
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county or of a municipality affected by the decision. |
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(b) The appellant must file with the board and the official |
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from whom the appeal is taken a notice of appeal specifying the |
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grounds for the appeal. The appeal must be filed within a |
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reasonable time as determined by board rule. On receiving the |
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notice, the official from whom the appeal is taken shall |
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immediately transmit to the board all the papers constituting the |
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record of the action that is appealed. |
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(c) An appeal stays all proceedings in furtherance of the |
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action that is appealed unless the official from whom the appeal is |
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taken certifies in writing to the board facts supporting the |
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official's opinion that a stay would cause imminent peril to life or |
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property. In that case, the proceedings may be stayed only by a |
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restraining order granted by the board or a court of record on |
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application, after notice to the official, if due cause is shown. |
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(d) The board shall set a reasonable time for the appeal |
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hearing and shall give public notice of the hearing and due notice |
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to the parties in interest. A party may appear at the appeal |
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hearing in person or by agent or attorney. The board shall decide |
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the appeal within a reasonable time. |
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Sec. 231.271. JUDICIAL REVIEW OF BOARD DECISION. (a) Any |
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of the following persons may present to a court of record a verified |
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petition stating that the decision of the board of adjustment is |
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illegal in whole or in part and specifying the grounds of the |
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illegality: |
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(1) a person aggrieved by a decision of the board; |
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(2) a taxpayer; or |
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(3) an officer, department, board, or bureau of the |
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county or of the municipality. |
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(b) The petition must be presented within 10 days after the |
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date the decision is filed in the board's office. |
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(c) On the presentation of the petition, the court may grant |
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a writ of certiorari directed to the board to review the board's |
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decision. The writ must indicate the time within which the board's |
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return must be made and served on the petitioner's attorney, which |
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must be after 10 days and may be extended by the court. Granting of |
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the writ does not stay the proceedings on the decision under appeal, |
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but on application and after notice to the board the court may grant |
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a restraining order if due cause is shown. |
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(d) The board's return must be verified and must concisely |
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state any pertinent and material facts that show the grounds of the |
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decision under appeal. The board is not required to return the |
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original documents on which the board acted but may return |
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certified or sworn copies of the documents or parts of the documents |
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as required by the writ. |
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(e) If at the hearing the court determines that testimony is |
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necessary for the proper disposition of the matter, the court may |
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take evidence or appoint a referee to take evidence as directed. |
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The referee shall report the evidence to the court with the |
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referee's findings of fact and conclusions of law. The referee's |
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report constitutes a part of the proceedings on which the court |
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shall make its decision. |
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(f) The court may reverse or affirm, in whole or in part, or |
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modify the decision that is appealed. The court may not assess |
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costs against the board unless the court determines that the board |
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acted with gross negligence, in bad faith, or with malice in making |
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its decision. |
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Sec. 231.272. ENFORCEMENT; PENALTY; REMEDIES. (a) The |
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commissioners court may adopt orders to enforce this subchapter or |
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an order or a 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 a regulation adopted under this |
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subchapter. An offense under this subsection is a misdemeanor |
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punishable by fine, imprisonment, or both, as provided by order by |
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the commissioners court. Trial shall be in a county court. |
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(c) A person who violates this subchapter or an order or a |
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regulation adopted under this subchapter is liable to the county |
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for a civil penalty in an amount not to exceed an amount as provided |
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by order as provided by the commissioners court. The appropriate |
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attorney representing the county in civil actions may file a civil |
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action to recover the civil penalty. In determining the amount of |
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the penalty, the court shall consider the seriousness of the |
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violation. A penalty recovered under this subsection shall be |
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deposited in the county treasury to the credit of the general fund. |
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(d) If a building or other structure is erected, |
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constructed, reconstructed, altered, repaired, razed, converted, |
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or maintained or if a building, other structure, or land is used in |
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violation of this subchapter or an order or a regulation adopted |
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under this subchapter, the appropriate county authority, in |
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addition to other remedies, may institute appropriate action to: |
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(1) prevent the unlawful erection, construction, |
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reconstruction, alteration, repair, razing, conversion, |
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maintenance, or 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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Sec. 231.273. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If |
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a regulation adopted under this subchapter requires a lower |
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building height or fewer number of stories for a building, requires |
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a greater percentage of a lot to be left unoccupied, or otherwise |
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imposes higher standards than those required under another statute |
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or local order or regulation, the regulation adopted under this |
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subchapter controls. If the other statute or local order or |
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regulation imposes higher standards, that statute, order, or |
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regulation controls. |
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(b) This subchapter does not authorize the commissioners |
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court to require the removal or destruction of property that exists |
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at the time the court implements this subchapter. |
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Sec. 231.274. CUMULATIVE AUTHORITY. (a) The powers |
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granted under this subchapter are cumulative of and in addition to |
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the powers granted to counties under this chapter or other law to |
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regulate the subdivision of land. |
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(b) The powers granted under this subchapter do not affect |
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or impair the authority of the commissioners court to adopt an order |
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or regulation under any other law. |
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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. |