81R8760 JTS-F
 
  By: Marquez H.B. No. 2833
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing certain counties and municipalities to
  regulate land development; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 242, Local Government Code, is amended
  by adding Subchapter B to read as follows:
  SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND
  MUNICIPALITIES
         Sec. 242.051.  APPLICABILITY.  This subchapter applies only
  to:
               (1)  a county that includes territory located within 50
  miles of an international border; or
               (2)  a municipality located in that county if:
                     (A)  the county does not exercise in the
  municipality's extraterritorial jurisdiction the authority
  described by this subchapter; and
                     (B)  the county by resolution authorizes the
  municipality to exercise in the municipality's extraterritorial
  jurisdiction the authority described by this subchapter.
         Sec. 242.052.  REGULATORY AUTHORITY.  (a)  The
  commissioners court of a county to which this subchapter applies
  may, by order, regulate residential land development in the
  unincorporated area of the county.  The governing body of a
  municipality to which this subchapter applies may, by ordinance,
  regulate residential land development in the municipality's
  extraterritorial jurisdiction.  By this authority, the
  commissioners court or governing body may 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;
                     (C)  the location of buildings and other
  structures on a lot or tract; and
                     (D)  the preparation of a plan for utility
  development, environmental effect and adaptation, utility
  extension, and capacity planning and providing financial analysis
  of said plan; 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
  or governing body 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 or governing body to adopt an
  order regulating commercial property that is uninhabitable.
         (d)  The authority granted under this section does not
  authorize the commissioners court or governing body to adopt an
  order that limits or otherwise impairs the rights of individuals or
  entities in the exploration, development, or production of oil,
  gas, or other minerals.
         Sec. 242.053.  BUILDING PERMITS.  (a)  The county or
  municipality, as appropriate, 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 or municipality may charge a reasonable
  building permit fee.
         (c)  The county or municipality shall deposit fees collected
  under this section in an account in its general fund and dedicate
  the fees to the building permit program. The funds in the account
  may be used only for the purpose of administering the building
  permit program.
         Sec. 242.054.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
  ORDER.  If an order adopted by the county 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. 242.055.  EXISTING AUTHORITY UNAFFECTED.  The authority
  granted by this subchapter does not affect the authority of the
  commissioners court or governing body to adopt an order or
  ordinance under other law.
         Sec. 242.056.  INJUNCTION.  The county or municipality, in a
  suit brought by the appropriate attorney representing the county or
  municipality in the district court, is entitled to appropriate
  injunctive relief to prevent the violation or threatened violation
  of the entity's order or ordinance adopted under this subchapter
  from continuing or occurring.
         Sec. 242.057.  PENALTY; EXCEPTION.  (a)  A person commits an
  offense if the person violates a restriction or prohibition imposed
  by an order or ordinance adopted under this subchapter. An offense
  under this section is a Class C misdemeanor.
         (b)  It is an exception to the application of this section
  that:
               (1)  the person is an owner-occupant of a residential
  dwelling that is classified by the Texas Department of Housing and
  Community Affairs as a low-income household;
               (2)  the dwelling was constructed before the effective
  date of this subchapter;
               (3)  the violation related to a building standard or
  building code for that dwelling; and
               (4)  the county or municipality, as appropriate:
                     (A)  did not make available to the person a grant
  or loan in an amount sufficient to cure the violation; or
                     (B)  made available to the person a loan that was
  sufficient to cure the violation but that caused the housing
  expenses of the person to exceed 30 percent of the person's net
  income.
         SECTION 2.  The heading to Chapter 242, Local Government
  Code, is amended to read as follows:
  CHAPTER 242.  AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
  SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
  MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
         SECTION 3.  Chapter 242, Local Government Code, is amended
  by designating Sections 242.001, 242.0015, and 242.002 as
  Subchapter A and adding a heading for Subchapter A to read as
  follows:
  SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
  MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
         SECTION 4.  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, 2009.