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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to adopt commercial |
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development regulations for 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 P to read as follows: |
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SUBCHAPTER P. REGULATION OF COMMERCIAL DEVELOPMENT IN CERTAIN |
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COUNTIES |
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Sec. 231.451. PURPOSE. The powers granted under this |
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subchapter are for the purpose of promoting the public health, |
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safety, peace, morals, and general welfare. |
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Sec. 231.452. APPLICABILITY. This subchapter applies only |
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to a county with a population of 3.3 million or more. |
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Sec. 231.453. COMMERCIAL DEVELOPMENT REGULATION. The |
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commissioners court of a county may regulate commercial development |
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in the unincorporated areas of the county, including: |
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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) the size of buildings; and |
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(3) the location, design, construction, extension, |
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and size of streets and roads. |
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Sec. 231.454. COMPLIANCE WITH COUNTY PLAN. Commercial |
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development 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. 231.455. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. |
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(a) A commercial development regulation under this subchapter is |
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not effective until the regulation is adopted by the commissioners |
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court after a public hearing. Before the 15th day before the date |
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of the hearing, the commissioners court must publish notice of the |
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hearing in a newspaper of general circulation in the county. |
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(b) The commissioners court may establish or amend a |
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commercial development regulation only by an order passed by a |
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majority vote of the full membership of the court. |
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Sec. 231.456. SPECIAL EXCEPTION. (a) A person aggrieved |
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by a commercial development regulation adopted under this |
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subchapter may petition the commissioners court for a special |
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exception to a regulation adopted by the 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. 231.457. 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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commercial 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 commercial development regulation adopted |
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under this subchapter. An offense under this subsection is a |
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misdemeanor punishable by a fine of not less than $500 or more than |
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$1,000. Each day that a violation occurs constitutes a separate |
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offense. Trial shall be in the district court. |
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Sec. 231.458. 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 commercial development regulations adopted |
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under this subchapter. |
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Sec. 231.459. CONFLICT WITH OTHER LAWS. If a commercial |
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development regulation adopted under this subchapter imposes |
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higher standards than those required under another statute or local |
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order or regulation, the regulation adopted under this subchapter |
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controls. If the other statute or local order or regulation imposes |
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higher 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, 2009. |