| 1 | 1 | | 81R14443 NC-D |
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| 2 | 2 | | By: Harless H.B. No. 3093 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain counties to adopt commercial |
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| 8 | 8 | | development regulations for unincorporated areas of the county; |
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| 9 | 9 | | providing a penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 231, Local Government Code, is amended |
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| 12 | 12 | | by adding Subchapter P to read as follows: |
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| 13 | 13 | | SUBCHAPTER P. REGULATION OF COMMERCIAL DEVELOPMENT IN CERTAIN |
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| 14 | 14 | | COUNTIES |
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| 15 | 15 | | Sec. 231.451. PURPOSE. The powers granted under this |
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| 16 | 16 | | subchapter are for the purpose of promoting the public health, |
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| 17 | 17 | | safety, peace, morals, and general welfare. |
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| 18 | 18 | | Sec. 231.452. APPLICABILITY. This subchapter applies only |
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| 19 | 19 | | to a county with a population of 3.3 million or more. |
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| 20 | 20 | | Sec. 231.453. COMMERCIAL DEVELOPMENT REGULATION. The |
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| 21 | 21 | | commissioners court of a county may regulate commercial development |
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| 22 | 22 | | in the unincorporated areas of the county, including: |
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| 23 | 23 | | (1) the percentage of a lot that may be occupied or |
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| 24 | 24 | | developed; |
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| 25 | 25 | | (2) the size of buildings; and |
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| 26 | 26 | | (3) the location, design, construction, extension, |
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| 27 | 27 | | and size of streets and roads. |
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| 28 | 28 | | Sec. 231.454. COMPLIANCE WITH COUNTY PLAN. Commercial |
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| 29 | 29 | | development regulations must be: |
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| 30 | 30 | | (1) adopted in accordance with a county plan for |
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| 31 | 31 | | growth and development of the county; and |
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| 32 | 32 | | (2) coordinated with the comprehensive plans of |
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| 33 | 33 | | municipalities located in the county. |
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| 34 | 34 | | Sec. 231.455. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. |
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| 35 | 35 | | (a) A commercial development regulation under this subchapter is |
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| 36 | 36 | | not effective until the regulation is adopted by the commissioners |
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| 37 | 37 | | court after a public hearing. Before the 15th day before the date |
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| 38 | 38 | | of the hearing, the commissioners court must publish notice of the |
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| 39 | 39 | | hearing in a newspaper of general circulation in the county. |
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| 40 | 40 | | (b) The commissioners court may establish or amend a |
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| 41 | 41 | | commercial development regulation only by an order passed by a |
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| 42 | 42 | | majority vote of the full membership of the court. |
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| 43 | 43 | | Sec. 231.456. SPECIAL EXCEPTION. (a) A person aggrieved |
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| 44 | 44 | | by a commercial development regulation adopted under this |
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| 45 | 45 | | subchapter may petition the commissioners court for a special |
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| 46 | 46 | | exception to a regulation adopted by the commissioners court. |
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| 47 | 47 | | (b) The commissioners court shall adopt procedures |
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| 48 | 48 | | governing applications, notice, hearings, and other matters |
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| 49 | 49 | | relating to the grant of a special exception. |
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| 50 | 50 | | Sec. 231.457. ENFORCEMENT; PENALTY. (a) The commissioners |
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| 51 | 51 | | court may adopt orders to enforce this subchapter or an order or |
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| 52 | 52 | | commercial development regulation adopted under this subchapter. |
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| 53 | 53 | | (b) A person commits an offense if the person violates this |
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| 54 | 54 | | subchapter or an order or commercial development regulation adopted |
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| 55 | 55 | | under this subchapter. An offense under this subsection is a |
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| 56 | 56 | | misdemeanor punishable by a fine of not less than $500 or more than |
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| 57 | 57 | | $1,000. Each day that a violation occurs constitutes a separate |
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| 58 | 58 | | offense. Trial shall be in the district court. |
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| 59 | 59 | | Sec. 231.458. COOPERATION WITH MUNICIPALITIES. The |
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| 60 | 60 | | commissioners court by order may enter into agreements with any |
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| 61 | 61 | | municipality located in the county to assist in the implementation |
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| 62 | 62 | | and enforcement of commercial development regulations adopted |
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| 63 | 63 | | under this subchapter. |
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| 64 | 64 | | Sec. 231.459. CONFLICT WITH OTHER LAWS. If a commercial |
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| 65 | 65 | | development regulation adopted under this subchapter imposes |
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| 66 | 66 | | higher standards than those required under another statute or local |
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| 67 | 67 | | order or regulation, the regulation adopted under this subchapter |
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| 68 | 68 | | controls. If the other statute or local order or regulation imposes |
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| 69 | 69 | | higher standards, that statute, order, or regulation controls. |
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| 70 | 70 | | SECTION 2. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2009. |
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