81R14443 NC-D
By: Harless H.B. No. 3093
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to adopt commercial
development regulations for unincorporated areas of the county;
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 P to read as follows:
SUBCHAPTER P. REGULATION OF COMMERCIAL DEVELOPMENT IN CERTAIN
COUNTIES
Sec. 231.451. PURPOSE. The powers granted under this
subchapter are for the purpose of promoting the public health,
safety, peace, morals, and general welfare.
Sec. 231.452. APPLICABILITY. This subchapter applies only
to a county with a population of 3.3 million or more.
Sec. 231.453. COMMERCIAL DEVELOPMENT REGULATION. The
commissioners court of a county may regulate commercial development
in the unincorporated areas of the county, including:
(1) the percentage of a lot that may be occupied or
developed;
(2) the size of buildings; and
(3) the location, design, construction, extension,
and size of streets and roads.
Sec. 231.454. COMPLIANCE WITH COUNTY PLAN. Commercial
development regulations must be:
(1) adopted in accordance with a county plan for
growth and development of the county; and
(2) coordinated with the comprehensive plans of
municipalities located in the county.
Sec. 231.455. PROCEDURE GOVERNING ADOPTION OF REGULATIONS.
(a) A commercial development regulation under this subchapter is
not effective until the regulation is adopted by the commissioners
court after a public hearing. 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 establish or amend a
commercial development regulation only by an order passed by a
majority vote of the full membership of the court.
Sec. 231.456. SPECIAL EXCEPTION. (a) A person aggrieved
by a commercial development regulation adopted under this
subchapter may petition the commissioners court for a special
exception to a regulation adopted by the commissioners court.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231.457. ENFORCEMENT; PENALTY. (a) The commissioners
court may adopt orders to enforce this subchapter or an order or
commercial development regulation adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or an order or commercial development regulation adopted
under this subchapter. An offense under this subsection is a
misdemeanor punishable by a fine of not less than $500 or more than
$1,000. Each day that a violation occurs constitutes a separate
offense. Trial shall be in the district court.
Sec. 231.458. COOPERATION WITH MUNICIPALITIES. The
commissioners court by order may enter into agreements with any
municipality located in the county to assist in the implementation
and enforcement of commercial development regulations adopted
under this subchapter.
Sec. 231.459. CONFLICT WITH OTHER LAWS. If a commercial
development regulation adopted under this subchapter imposes
higher standards than those 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
higher standards, that statute, order, or regulation controls.
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, 2009.