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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing counties and municipalities to regulate |
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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 242, Local Government Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND |
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MUNICIPALITIES |
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Sec. 242.051. REGULATORY AUTHORITY. (a) The commissioners |
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court of a county may, by order, regulate residential land |
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development in the unincorporated area of the county. The |
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governing body of a municipality may, by ordinance, regulate |
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residential land development in the municipality's |
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extraterritorial jurisdiction. By this authority, the |
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commissioners court or governing body may prevent the proliferation |
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of colonias 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 location of buildings and other |
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structures on a lot or tract; and |
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(D) the preparation of a plan for utility |
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development, environmental effect and adaptation, utility |
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extension, and capacity planning and providing financial analysis |
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of said plan; 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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(b) If a tract of land is appraised as agricultural or |
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open-space land by the appraisal district, the commissioners court |
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or governing body may not regulate land development on that tract |
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under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or |
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(a)(2). |
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(c) The authority granted under this section does not |
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authorize the commissioners court or governing body to adopt an |
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order regulating commercial property that is uninhabitable. |
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(d) The authority granted under this section does not |
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authorize the commissioners court or governing body to adopt an |
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order that limits or otherwise impairs the rights of individuals or |
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entities in the exploration, development, or production of oil, |
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gas, or other minerals. |
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Sec. 242.052. BUILDING PERMITS. (a) The county or |
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municipality, as appropriate, shall issue a building permit if the |
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person submitting the application for the permit: |
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(1) files information relating to the location of the |
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residence; |
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(2) files the building plans for the residence; and |
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(3) complies with the applicable regulations relating |
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to the issuance of the permit. |
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(b) The county or municipality may charge a reasonable |
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building permit fee. |
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(c) The county or municipality shall deposit fees collected |
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under this section in an account in its general fund and dedicate |
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the fees to the building permit program. The funds in the account |
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may be used only for the purpose of administering the building |
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permit program. |
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Sec. 242.053. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDER. If an order adopted by the county under this subchapter |
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conflicts with an ordinance of a municipality, the municipal |
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ordinance prevails within the municipality's jurisdiction to the |
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extent of the conflict. |
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Sec. 242.054. EXISTING AUTHORITY UNAFFECTED. The authority |
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granted by this subchapter does not affect the authority of the |
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commissioners court or governing body to adopt an order or |
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ordinance under other law. |
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Sec. 242.055. INJUNCTION. The county or municipality, in a |
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suit brought by the appropriate attorney representing the county or |
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municipality in the district court, is entitled to appropriate |
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injunctive relief to prevent the violation or threatened violation |
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of the entity's order or ordinance adopted under this subchapter |
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from continuing or occurring. |
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Sec. 242.056. PENALTY; EXCEPTION. (a) A person commits an |
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offense if the person violates a restriction or prohibition imposed |
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by an order or ordinance adopted under this subchapter. An offense |
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under this section is a Class C misdemeanor. |
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(b) It is an exception to the application of this section |
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that: |
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(1) the person is an owner-occupant of a residential |
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dwelling that is classified by the Texas Department of Housing and |
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Community Affairs as a low-income household; |
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(2) the dwelling was constructed before the effective |
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date of this subchapter; |
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(3) the violation related to a building standard or |
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building code for that dwelling; and |
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(4) the county or municipality, as appropriate: |
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(A) did not make available to the person a grant |
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or loan in an amount sufficient to cure the violation; or |
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(B) made available to the person a loan that was |
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sufficient to cure the violation but that caused the housing |
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expenses of the person to exceed 30 percent of the person's net |
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income. |
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SECTION 2. The heading to Chapter 242, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE |
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SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
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MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION] |
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SECTION 3. Chapter 242, Local Government Code, is amended |
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by designating Sections 242.001, 242.0015, and 242.002 as |
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Subchapter A and adding a heading for Subchapter A to read as |
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follows: |
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SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE |
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MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION |
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SECTION 4. 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, 2011. |