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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain counties to regulate land |
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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. Subtitle B, Title 7, Local Government Code, is |
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amended by adding Chapter 236 to read as follows: |
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CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN |
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COUNTIES |
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Sec. 236.001. APPLICABILITY. This chapter applies only to a |
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county any part of which is located within 50 miles of an |
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international border. |
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Sec. 236.002. REGULATORY AUTHORITY. The commissioners |
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court of the county by order may regulate land development in the |
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unincorporated area of the county 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, size, or |
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number of buildings or other structures that may be located on a lot |
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or tract; |
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(C) the percentage of a lot or tract that may be |
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occupied; and |
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(D) the location of buildings and other |
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structures on a lot or tract; 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. 236.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDER. If an order adopted under this chapter conflicts with an |
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ordinance of a municipality, the municipal ordinance prevails |
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within the municipality's jurisdiction to the extent of the |
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conflict. |
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Sec. 236.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The |
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authority granted by this chapter does not affect the authority of |
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the commissioners court to adopt an order or ordinance under other |
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law. |
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Sec. 236.005. INJUNCTION. The county, in a suit brought by |
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the county attorney or other prosecuting attorney representing the |
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county in the district court, is entitled to appropriate injunctive |
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relief to prevent the violation or threatened violation of an order |
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adopted under this chapter from continuing or occurring. |
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Sec. 236.006. PENALTY. A person commits an offense if the |
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person violates a restriction or prohibition imposed by an order |
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adopted under this chapter. An offense under this section is a |
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Class C misdemeanor. |
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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. |