83R2376 PAM-F
 
  By: M. Gonzalez of El Paso H.B. No. 1130
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to development regulations for certain unincorporated
  areas located near the Tornillo-Guadalupe Port of Entry; providing
  a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 231, Local Government Code, is amended
  by adding Subchapter M to read as follows:
  SUBCHAPTER M. DEVELOPMENT REGULATIONS AROUND THE
  TORNILLO-GUADALUPE PORT OF ENTRY
         Sec. 231.271.  LEGISLATIVE FINDINGS; PURPOSE. (a) The
  legislature finds that:
               (1)  the Tornillo-Guadalupe Port of Entry will be one
  of the largest on the international border between the United
  States and the United Mexican States;
               (2)  the Tornillo-Guadalupe Port of Entry is essential
  to:
                     (A)  relieving congestion associated with other
  crossing points on the international border; and
                     (B)  facilitating trade between the United States
  and the United Mexican States and between this state and the United
  Mexican States;
               (3)  the Tornillo-Guadalupe Port of Entry and the
  surrounding area located in El Paso County will be used by residents
  from many parts of the state and the nation;
               (4)  the orderly development and use of the area
  surrounding the Tornillo-Guadalupe Port of Entry is of concern to
  the entire state; and
               (5)  without adequate development regulations, the
  corridor will tend to become congested and to be used in a manner
  that interferes with achieving the goals of the Tornillo-Guadalupe
  Port of Entry described by Subdivision (2).
         (b)  The powers granted under this subchapter are for the
  purpose of:
               (1)  promoting the public health, safety, peace,
  morals, and general welfare; and
               (2)  encouraging the use of the area to facilitate
  trade between the United States and the United Mexican States and
  between this state and the United Mexican States.
         Sec. 231.272.  AREA SUBJECT TO REGULATION. This subchapter
  applies only to the unincorporated area of El Paso County that is
  bounded on:
               (1)  the west by the international border;
               (2)  the south by the boundary of Hudspeth County;
               (3)  the east by a line located one mile east of
  Interstate Highway 10; and
               (4)  the north by the boundary of the City of Socorro
  and a line extending east from the southeastern boundary point of
  the City of Socorro on Darrington Road to a point one mile east of
  Interstate Highway 10.
         Sec. 231.273.  DEVELOPMENT REGULATIONS GENERALLY. The
  Commissioners Court of El Paso County may regulate in the area
  described by Section 231.272:
               (1)  the height, number of stories, and size of
  buildings or other structures;
               (2)  the percentage of a lot that may be occupied or
  developed;
               (3)  the size of yards, courts, and other open spaces;
               (4)  population density;
               (5)  the location and use of buildings, other
  structures, and land for business, industrial, residential, or
  other purposes;
               (6)  the standards applying to the construction,
  reconstruction, alteration, or razing of buildings or other
  structures;
               (7)  the location, size, and other characteristics of
  signs;
               (8)  the location, design, construction, extension,
  and size of water and sewage facilities, drainage facilities, and
  other required public facilities;
               (9)  the abatement of harm from inadequate facilities
  described by Subdivision (8); and
               (10)  the location, design, and construction of parks,
  playgrounds, and recreational areas.
         Sec. 231.274.  COMPLIANCE WITH COMPREHENSIVE PLAN. The
  regulations must be adopted in accordance with a comprehensive plan
  and must be designed to:
               (1)  lessen congestion in the streets and roads;
               (2)  secure safety from fire, panic, and other dangers;
               (3)  promote health and the general welfare;
               (4)  provide adequate light and air;
               (5)  prevent the overcrowding of land;
               (6)  avoid undue concentration of population; or
               (7)  facilitate the adequate provision of
  transportation, water, sewers, parks, and other public
  requirements.
         Sec. 231.275.  DISTRICTS. (a) The commissioners court may
  divide the area described by Section 231.272 into districts of a
  number, shape, and size the commissioners court considers best for
  carrying out this subchapter. Within each district, the
  commissioners court may regulate development as provided by Section
  231.273.
         (b)  The regulations must be uniform for each class or kind
  of building in a district, but the regulations may vary from
  district to district. The regulations shall be adopted with
  reasonable consideration for, among other things, the character of
  each district and its peculiar suitability for particular uses,
  with a view of conserving the value of buildings, protecting
  historic landmarks and structures, and encouraging the most
  appropriate use of land throughout the area.
         Sec. 231.276.  COMMISSION. (a) To exercise the powers
  authorized by this subchapter, the commissioners court shall
  appoint a commission. The commission shall recommend boundaries
  for the original districts and appropriate regulations for each
  district. Unless the commissioners court makes a designation under
  Subsection (e), the commission is composed of five members
  appointed as follows:
               (1)  one member appointed by each county commissioner;
  and
               (2)  one member appointed by the county judge.
         (b)  The members of a commission appointed under Subsection
  (a) are appointed for two-year terms that expire February 1 of each
  odd-numbered year, except as provided by this subsection.  The
  terms of the initial members of the commission appointed under
  Subsection (a) expire on February 1 of the first February in an
  odd-numbered year following their appointment.  A vacancy in the
  commission is filled in the same manner as the original
  appointment.
         (c)  The commission shall elect a presiding officer from
  among its members. The presiding officer serves in that capacity
  for a term set by the commission. The commission may at any time
  choose for a particular meeting or occasion an acting presiding
  officer as necessary from among its members.  The commission may
  employ a secretary, an acting secretary, and other technical or
  clerical personnel.
         (d)  A member of the commission is not entitled to
  compensation but is entitled to expenses actually incurred while
  serving on the commission as provided by order of the commissioners
  court.
         (e)  If the county has a planning commission or historic
  commission, the commissioners court may designate either of those
  commissions to serve as the commission required by this section.
         Sec. 231.277.  COMMISSION REPORT; HEARING. (a) The
  commission shall make a preliminary report regarding
  recommendations under Section 231.276(a) and hold public hearings
  on that report before submitting a final report to the
  commissioners court. The commissioners court may not hold a public
  hearing or take final action until it has received the final report
  of the commission.
         (b)  Before the 10th day before the hearing date, written
  notice of each public hearing before the commission on a proposed
  change in a classification in the district shall be sent to:
               (1)  each owner of affected property or to the person
  who renders the property for county taxes; and
               (2)  each owner of property that is located within 200
  feet of property affected by the change or to the person who renders
  the property for county taxes.
         (c)  The notice may be served by depositing it, postage paid
  and properly addressed, in the United States mail.
         Sec. 231.278.  PROCEDURES GOVERNING ADOPTION OF REGULATIONS
  AND DISTRICT BOUNDARIES. (a) The commissioners court shall
  establish procedures for adopting and enforcing regulations and
  district boundaries. A regulation or district boundary is not
  effective until it is adopted by the commissioners court after a
  public hearing on the matter at which parties in interest and
  citizens have an opportunity to be heard. Before the 15th day
  before the date of the hearing, the commissioners court must
  publish notice of the hearing in a newspaper of general circulation
  in the county.
         (b)  The commissioners court may amend or reject a regulation
  or boundary proposed by the commission:
               (1)  by a majority vote if no protest is made under
  Subsection (c); or
               (2)  by an affirmative vote of at least four members of
  the commissioners court if a protest is made under Subsection (c).
         (c)  A protest to a proposed change to a regulation or
  boundary must be written and signed by the owners of at least 20
  percent of:
               (1)  the area of the lots or land covered by the
  proposed change; or
               (2)  the area of the lots or land immediately adjoining
  the area covered by the proposed change and extending 200 feet from
  that area.
         (d)  After the commissioners court receives a protest, the
  court shall hold a public hearing. The court shall publish notice
  in the manner provided by Subsection (a).
         Sec. 231.279.  BOARD OF ADJUSTMENT. (a) The commissioners
  court may provide for the appointment of a board of adjustment. In
  regulations adopted under this subchapter, the commissioners court
  may authorize the board of adjustment, in appropriate cases and
  subject to appropriate conditions and safeguards, to make special
  exceptions to the terms of the regulations that are consistent with
  the general purpose and intent of the regulations and in accordance
  with any applicable rules contained in the regulations.
         (b)  A board of adjustment must consist of five members to be
  appointed for staggered terms of two years. The appointing
  authority may remove a board member for cause on a written charge
  after a public hearing. The appointing authority shall fill a
  vacancy on the board for the unexpired term.
         (c)  The board shall adopt rules in accordance with any order
  adopted under this subchapter. Meetings of the board are held at
  the call of the presiding officer and at other times as determined
  by the board. The presiding officer or acting presiding officer may
  administer oaths and compel the attendance of witnesses. All
  meetings of the board shall be open to the public.
         (d)  The board shall keep minutes of its proceedings that
  indicate the vote of each member on each question or indicate that a
  member is absent or fails to vote. The board shall keep records of
  its examinations and other official actions. The minutes and
  records shall be filed immediately in the board's office and are
  public records.
         Sec. 231.280.  AUTHORITY OF BOARD. (a) The board of
  adjustment may:
               (1)  hear and decide an appeal that alleges error in an
  order, requirement, decision, or determination made by an
  administrative official in the enforcement of this subchapter or a
  regulation adopted under this subchapter;
               (2)  hear and decide special exceptions to the terms of
  a regulation adopted under this subchapter when the regulation
  requires the board to do so; and
               (3)  authorize in specific cases a variance from the
  terms of a regulation adopted under this subchapter if:
                     (A)  the variance is not contrary to the public
  interest;
                     (B)  a literal enforcement of the regulation, due
  to special conditions, would result in unnecessary hardship; and
                     (C)  the granting of the variance would allow the
  spirit of the regulation to be observed and substantial justice to
  be done.
         (b)  In exercising its authority under Subsection (a)(1),
  the board may reverse or affirm, in whole or in part, or modify the
  administrative official's order, requirement, decision, or
  determination from which an appeal is taken and make the correct
  order, requirement, decision, or determination, and for that
  purpose the board has the same authority as the administrative
  official.
         (c)  The concurring vote of four members of the board is
  necessary to:
               (1)  reverse an order, requirement, decision, or
  determination of an administrative official;
               (2)  decide in favor of an applicant on a matter on
  which the board is required to pass under a regulation adopted under
  this subchapter; or
               (3)  authorize a variance in a regulation adopted under
  this subchapter.
         Sec. 231.281.  APPEAL TO BOARD. (a) Any of the following
  persons may appeal to the board of adjustment a decision made by an
  administrative official:
               (1)  a person aggrieved by the decision; or
               (2)  any officer, department, board, or bureau of the
  county or of a municipality affected by the decision.
         (b)  The appellant must file with the board and the official
  from whom the appeal is taken a notice of appeal specifying the
  grounds for the appeal. The appeal must be filed within a
  reasonable time as determined by board rule. On receiving the
  notice, the official from whom the appeal is taken shall
  immediately transmit to the board all the papers constituting the
  record of the action that is appealed.
         (c)  An appeal stays all proceedings in furtherance of the
  action that is appealed unless the official from whom the appeal is
  taken certifies in writing to the board facts supporting the
  official's opinion that a stay would cause imminent peril to life or
  property. In that case, the proceedings may be stayed only by a
  restraining order granted by the board or a court of record on
  application, after notice to the official, if due cause is shown.
         (d)  The board shall set a reasonable time for the appeal
  hearing and shall give public notice of the hearing and due notice
  to the parties in interest. A party may appear at the appeal
  hearing in person or by agent or attorney. The board shall decide
  the appeal within a reasonable time.
         Sec. 231.282.  JUDICIAL REVIEW OF BOARD DECISION. (a) Any
  of the following persons may present to a court of record a verified
  petition stating that the decision of the board of adjustment is
  illegal in whole or in part and specifying the grounds of the
  illegality:
               (1)  a person aggrieved by a decision of the board;
               (2)  a taxpayer; or
               (3)  an officer, department, board, or bureau of the
  county or of the municipality affected by the decision.
         (b)  The petition must be presented within 10 days after the
  date the decision is filed in the board's office.
         (c)  On the presentation of the petition, the court may grant
  a writ of certiorari directed to the board to review the board's
  decision. The writ must indicate the period within which the
  board's reply must be made and served on the petitioner's attorney,
  which must be after the 10th day after the date the petition is
  presented to the board under Subsection (b). The court may extend
  the period for reply described by this subsection. A grant of the
  writ does not stay the proceedings on the decision under appeal. On
  application and after notice to the board, the court may grant a
  restraining order if due cause is shown.
         (d)  The board's reply must be verified and must concisely
  state any pertinent and material facts that show the grounds of the
  decision under appeal. The board is not required to return the
  original documents on which the board acted but may return
  certified or sworn copies of the documents or parts of the documents
  as required by the writ.
         (e)  If at the hearing the court determines that testimony is
  necessary for the proper disposition of the matter, the court may
  take evidence or appoint a referee to take evidence as directed.
  The referee shall report the evidence to the court with the
  referee's findings of fact and conclusions of law. The referee's
  report constitutes a part of the proceedings on which the court
  shall make its decision.
         (f)  The court may reverse or affirm, in whole or in part, or
  modify the decision that is appealed. The court may not assess
  costs against the board unless the court determines that the board
  acted with gross negligence, in bad faith, or with malice in making
  its decision.
         Sec. 231.283.  ENFORCEMENT; PENALTY; REMEDIES. (a) The
  commissioners court may adopt orders to enforce this subchapter or
  an order or a regulation adopted under this subchapter.
         (b)  A person commits an offense if the person violates this
  subchapter or an order or a regulation adopted under this
  subchapter. An offense under this subsection is a Class B
  misdemeanor. Each day that a violation occurs constitutes a
  separate offense. Trial shall be in a county court.
         (c)  A person who violates this subchapter or an order or a
  regulation adopted under this subchapter is liable to the county
  for a civil penalty in an amount not to exceed $1,000 for each day
  the violation exists. The appropriate attorney representing the
  county in civil actions may file a civil action in court to recover
  the civil penalty. If the attorney for the county prevails in the
  civil action, the person shall reimburse the attorney for the costs
  of the civil action, including court costs and attorney's fees. In
  determining the amount of the penalty, the court shall consider the
  seriousness of the violation. A penalty recovered under this
  subsection shall be deposited in the county treasury to the credit
  of the general fund.
         (d)  If a building or other structure is erected,
  constructed, reconstructed, altered, repaired, converted, razed,
  or maintained or if a building, other structure, or land is used in
  violation of this subchapter or an order or a regulation adopted
  under this subchapter, the appropriate county authority, in
  addition to other remedies, may institute appropriate action to:
               (1)  prevent or remove the unlawful action or use,
  including an unlawful erection, construction, reconstruction,
  alteration, repair, conversion, razing, or maintenance;
               (2)  enjoin, restrain, correct, or abate the violation;
               (3)  prevent the occupancy of the building, structure,
  or land; or
               (4)  prevent any illegal act, conduct, business, or use
  on or about the premises.
         Sec. 231.284.  CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If
  a regulation adopted under this subchapter imposes a more stringent
  standard than a standard required under another statute or local
  order or regulation, the regulation adopted under this subchapter
  controls. If the other statute or local order or regulation imposes
  a more stringent standard, that statute, order, or regulation
  controls.
         (b)  The commissioners court may require the removal,
  destruction, or change of any structure or use of any property that
  does not conform to an order or a regulation adopted under this
  subchapter only if:
               (1)  the court permits the owner's investment in the
  structure or property to be amortized over a period determined by
  the court; or
               (2)  the court determines the nonconforming structure
  or property has been permanently abandoned.
         (c)  This subchapter or an order or a regulation adopted
  under this subchapter does not apply to the location, construction,
  maintenance, or use of central office buildings or equipment used
  by a person engaged in providing telephone service to the public.
         (d)  This subchapter does not authorize the commissioners
  court to:
               (1)  require the removal or destruction of property
  that exists at the time the court implements this subchapter; or
               (2)  restrict the right of a landowner, acting on the
  owner's behalf, to construct improvements for agriculture and
  ranching operations or to otherwise use the land for agriculture
  and ranching operations.
         (e)  For purposes of Subsection (d)(2), "agriculture and
  ranching operations" includes:
               (1)  cultivating the soil;
               (2)  producing crops for human food, animal feed,
  planting seed, or fiber;
               (3)  floriculture, viticulture, or horticulture;
               (4)  raising or keeping livestock or poultry; or
               (5)  planting cover crops or leaving land idle for the
  purpose of participating in any governmental program or normal crop
  or livestock rotation procedure.
         (f)  The commissioners court may take actions under
  Subsection (d)(2) to restrict or prohibit any commercial
  agricultural enterprise, such as a commercial feed lot, that are
  reasonably necessary to protect the public health, safety, peace,
  morals, and general welfare from the dangers of explosion,
  flooding, vermin, insects, physical injury, contagious disease,
  contamination of water supplies, radiation, storage of toxic
  materials, or other hazards.
         SECTION 2.  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, 2013.