Texas 2009 - 81st Regular

Texas House Bill HB2833 Compare Versions

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1	1	81R8760 JTS-F
2	2	By: Marquez H.B. No. 2833
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain counties and municipalities to
8	8	regulate land development; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 242, Local Government Code, is amended
11	11	by adding Subchapter B to read as follows:
12	12	SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND
13	13	MUNICIPALITIES
14	14	Sec. 242.051. APPLICABILITY. This subchapter applies only
15	15	to:
16	16	(1) a county that includes territory located within 50
17	17	miles of an international border; or
18	18	(2) a municipality located in that county if:
19	19	(A) the county does not exercise in the
20	20	municipality's extraterritorial jurisdiction the authority
21	21	described by this subchapter; and
22	22	(B) the county by resolution authorizes the
23	23	municipality to exercise in the municipality's extraterritorial
24	24	jurisdiction the authority described by this subchapter.
25	25	Sec. 242.052. REGULATORY AUTHORITY. (a) The
26	26	commissioners court of a county to which this subchapter applies
27	27	may, by order, regulate residential land development in the
28	28	unincorporated area of the county. The governing body of a
29	29	municipality to which this subchapter applies may, by ordinance,
30	30	regulate residential land development in the municipality's
31	31	extraterritorial jurisdiction. By this authority, the
32	32	commissioners court or governing body may prevent the proliferation
33	33	of colonias by:
34	34	(1) adopting regulations relating to:
35	35	(A) maximum densities, including the size of
36	36	lots;
37	37	(B) the height, number of stories, size, or
38	38	number of buildings or other structures that may be located on a lot
39	39	or tract;
40	40	(C) the location of buildings and other
41	41	structures on a lot or tract; and
42	42	(D) the preparation of a plan for utility
43	43	development, environmental effect and adaptation, utility
44	44	extension, and capacity planning and providing financial analysis
45	45	of said plan; and
46	46	(2) adopting building codes to promote safe and
47	47	uniform building, plumbing, and electrical standards.
48	48	(b) If a tract of land is appraised as agricultural or
49	49	open-space land by the appraisal district, the commissioners court
50	50	or governing body may not regulate land development on that tract
51	51	under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
52	52	(a)(2).
53	53	(c) The authority granted under this section does not
54	54	authorize the commissioners court or governing body to adopt an
55	55	order regulating commercial property that is uninhabitable.
56	56	(d) The authority granted under this section does not
57	57	authorize the commissioners court or governing body to adopt an
58	58	order that limits or otherwise impairs the rights of individuals or
59	59	entities in the exploration, development, or production of oil,
60	60	gas, or other minerals.
61	61	Sec. 242.053. BUILDING PERMITS. (a) The county or
62	62	municipality, as appropriate, shall issue a building permit if the
63	63	person submitting the application for the permit:
64	64	(1) files information relating to the location of the
65	65	residence;
66	66	(2) files the building plans for the residence; and
67	67	(3) complies with the applicable regulations relating
68	68	to the issuance of the permit.
69	69	(b) The county or municipality may charge a reasonable
70	70	building permit fee.
71	71	(c) The county or municipality shall deposit fees collected
72	72	under this section in an account in its general fund and dedicate
73	73	the fees to the building permit program. The funds in the account
74	74	may be used only for the purpose of administering the building
75	75	permit program.
76	76	Sec. 242.054. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
77	77	ORDER. If an order adopted by the county under this subchapter
78	78	conflicts with an ordinance of a municipality, the municipal
79	79	ordinance prevails within the municipality's jurisdiction to the
80	80	extent of the conflict.
81	81	Sec. 242.055. EXISTING AUTHORITY UNAFFECTED. The authority
82	82	granted by this subchapter does not affect the authority of the
83	83	commissioners court or governing body to adopt an order or
84	84	ordinance under other law.
85	85	Sec. 242.056. INJUNCTION. The county or municipality, in a
86	86	suit brought by the appropriate attorney representing the county or
87	87	municipality in the district court, is entitled to appropriate
88	88	injunctive relief to prevent the violation or threatened violation
89	89	of the entity's order or ordinance adopted under this subchapter
90	90	from continuing or occurring.
91	91	Sec. 242.057. PENALTY; EXCEPTION. (a) A person commits an
92	92	offense if the person violates a restriction or prohibition imposed
93	93	by an order or ordinance adopted under this subchapter. An offense
94	94	under this section is a Class C misdemeanor.
95	95	(b) It is an exception to the application of this section
96	96	that:
97	97	(1) the person is an owner-occupant of a residential
98	98	dwelling that is classified by the Texas Department of Housing and
99	99	Community Affairs as a low-income household;
100	100	(2) the dwelling was constructed before the effective
101	101	date of this subchapter;
102	102	(3) the violation related to a building standard or
103	103	building code for that dwelling; and
104	104	(4) the county or municipality, as appropriate:
105	105	(A) did not make available to the person a grant
106	106	or loan in an amount sufficient to cure the violation; or
107	107	(B) made available to the person a loan that was
108	108	sufficient to cure the violation but that caused the housing
109	109	expenses of the person to exceed 30 percent of the person's net
110	110	income.
111	111	SECTION 2. The heading to Chapter 242, Local Government
112	112	Code, is amended to read as follows:
113	113	CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
114	114	SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
115	115	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
116	116	SECTION 3. Chapter 242, Local Government Code, is amended
117	117	by designating Sections 242.001, 242.0015, and 242.002 as
118	118	Subchapter A and adding a heading for Subchapter A to read as
119	119	follows:
120	120	SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
121	121	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
122	122	SECTION 4. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2009.