|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to county powers, duties, and services; providing |
|
penalties; imposing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 511, Government Code, is amended by |
|
adding Section 511.019 to read as follows: |
|
Sec. 511.019. COUNTY JAIL STUDY. (a) The commission shall |
|
conduct a study of county jails to investigate: |
|
(1) the impact homelessness has on the county jail |
|
population; |
|
(2) innovative ways to address overcrowding; and |
|
(3) innovative ways to address inmates undergoing |
|
detoxification and withdrawal from drugs and alcohol during |
|
confinement. |
|
(b) Not later than December 1, 2014, the commissioner shall |
|
prepare and deliver a report to the governor, lieutenant governor, |
|
speaker of the house of representatives, and presiding officer of |
|
each standing committee of the senate and house of representatives |
|
having primary jurisdiction over matters relating to criminal |
|
justice and corrections that contains: |
|
(1) a summary of the study conducted under this |
|
section; and |
|
(2) the recommendations of the commission based on the |
|
results of the study, including recommendations of any legislation |
|
that is needed to implement the recommendations. |
|
(c) This section expires September 1, 2015. |
|
SECTION 2. Subchapter B, Chapter 531, Government Code, is |
|
amended by adding Section 531.094 to read as follows: |
|
Sec. 531.094. MAXIMIZATION OF COUNTY INDIGENT HEALTH CARE |
|
FUNDING. (a) If feasible and cost-effective, the commission shall |
|
apply for a modification of or amendment to the waiver under Chapter |
|
537 as necessary to more efficiently leverage the use of county |
|
funds to maximize the receipt of federal Medicaid matching funds to |
|
provide counties in the state with additional funding to provide |
|
indigent health care under Chapter 61, Health and Safety Code. |
|
(b) In pursuing the waiver modification or amendment |
|
required under this section, the commission shall: |
|
(1) solicit broad-based input from interested |
|
persons; and |
|
(2) employ the use of intergovernmental transfers and |
|
other procedures to maximize the receipt of federal Medicaid |
|
matching funds. |
|
SECTION 3. Subchapter Z, Chapter 5, Local Government Code, |
|
is amended by adding Section 5.905 to read as follows: |
|
Sec. 5.905. INVENTORY OF SERVICES REQUIRED BEFORE |
|
INCORPORATION. (a) Before a community may incorporate under this |
|
subtitle, a comprehensive inventory of police, fire, and emergency |
|
medical services provided by public or private entities in the area |
|
proposed to be incorporated must be prepared. The inventory must |
|
include for each service: |
|
(1) the average dispatch and delivery time; |
|
(2) a schedule of equipment, including vehicles; |
|
(3) a staffing schedule that discloses the |
|
certification and training levels of personnel; and |
|
(4) a summary of operating and capital expenditures. |
|
(b) The inventory must be filed with the county clerk of the |
|
county in which the area proposed for incorporation is located on or |
|
before the 60th day before the date of the incorporation election. |
|
The county clerk shall make the inventory available for public |
|
inspection. |
|
SECTION 4. 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 5. 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 6. 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 7. Subchapter A, Chapter 351, Local Government |
|
Code, is amended by adding Section 351.016 to read as follows: |
|
Sec. 351.016. REPORT ON HOMELESS INDIVIDUALS. Each county |
|
shall submit to the Commission on Jail Standards on or before the |
|
fifth day of each month a report that contains the number of |
|
homeless individuals confined in the county jail. |
|
SECTION 8. Section 383.003(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) Counties [Small and medium-sized counties] in this |
|
state need incentives for the development of public improvements to |
|
attract visitors and tourists [to those counties], and those |
|
counties are at a disadvantage in competing with counties in other |
|
states for the location and development of projects that attract |
|
visitors by virtue of the availability and prevalent use of |
|
financial incentives in other states. |
|
SECTION 9. Section 383.021(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The commissioners court of a county [with a population
|
|
of 400,000 or less], on petition of the owners of land in a proposed |
|
district, may commence the creation of a county development |
|
district. |
|
SECTION 10. Section 391.001, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) This chapter shall be interpreted broadly to: |
|
(1) ensure that the intent and purpose of this chapter |
|
is achieved; and |
|
(2) encourage collaboration between regional planning |
|
commissions and agencies that provide social service programs to |
|
maximize available funding. |
|
SECTION 11. Section 13.084, Water Code, is amended to read |
|
as follows: |
|
Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST |
|
REIMBURSEMENT. The governing body of any municipality, [or] the |
|
commissioners court of an affected county, or the commissioners |
|
court of a county authorized to intervene under Section 13.1871 has |
|
[shall have] the right to select and engage rate consultants, |
|
accountants, auditors, attorneys, engineers, or any combination of |
|
these experts to conduct investigations, present evidence, advise |
|
and represent the governing body, and assist with litigation on |
|
water and sewer utility ratemaking proceedings. The water and |
|
sewer utility engaged in those proceedings shall be required to |
|
reimburse the governing body or the commissioners court for the |
|
reasonable costs of those services and shall be allowed to recover |
|
those expenses through its rates with interest during the period of |
|
recovery. |
|
SECTION 12. Section 13.187(e), Water Code, is amended to |
|
read as follows: |
|
(e) If, before the 91st day after the effective date of the |
|
rate change, the regulatory authority receives a complaint from a |
|
county authorized to intervene under Section 13.1871, any affected |
|
municipality, or from the lesser of 1,000 or 10 percent of the |
|
ratepayers of the utility over whose rates the regulatory authority |
|
has original jurisdiction, the regulatory authority shall set the |
|
matter for hearing. |
|
SECTION 13. Subchapter F, Chapter 13, Water Code, is |
|
amended by adding Section 13.1871 to read as follows: |
|
Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county, on |
|
behalf of water rate payers in unincorporated areas of the county, |
|
may intervene as a party in a rate proceeding under this subchapter. |
|
SECTION 14. The change in law made by Sections 13.084 and |
|
13.187(e), Water Code, as amended by this Act, and Section 13.1871, |
|
Water Code, as added by this Act, applies only to an original rate |
|
proceeding in which the initial hearing is held on or after |
|
September 1, 2013. A proceeding in which the initial hearing is |
|
held before September 1, 2013, is governed by the law in effect |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 15. This Act takes effect September 1, 2013. |