| 1 | 1 | | 81R14678 JTS-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 2175 |
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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 authorizing certain counties to regulate land |
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| 8 | 8 | | development; providing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 236 to read as follows: |
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| 12 | 12 | | CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN |
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| 13 | 13 | | COUNTIES |
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| 14 | 14 | | Sec. 236.001. APPLICABILITY. This chapter applies only to a |
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| 15 | 15 | | county any part of which is located within 50 miles of an |
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| 16 | 16 | | international border. |
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| 17 | 17 | | Sec. 236.002. REGULATORY AUTHORITY. The commissioners |
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| 18 | 18 | | court of the county by order may regulate land development in the |
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| 19 | 19 | | unincorporated area of the county by: |
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| 20 | 20 | | (1) adopting regulations relating to: |
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| 21 | 21 | | (A) maximum densities, including the size of |
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| 22 | 22 | | lots; |
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| 23 | 23 | | (B) the height, number of stories, size, or |
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| 24 | 24 | | number of buildings or other structures that may be located on a lot |
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| 25 | 25 | | or tract; |
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| 26 | 26 | | (C) the percentage of a lot or tract that may be |
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| 27 | 27 | | occupied; and |
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| 28 | 28 | | (D) the location of buildings and other |
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| 29 | 29 | | structures on a lot or tract; and |
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| 30 | 30 | | (2) adopting building codes to promote safe and |
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| 31 | 31 | | uniform building, plumbing, and electrical standards. |
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| 32 | 32 | | Sec. 236.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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| 33 | 33 | | ORDER. If an order adopted under this chapter conflicts with an |
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| 34 | 34 | | ordinance of a municipality, the municipal ordinance prevails |
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| 35 | 35 | | within the municipality's jurisdiction to the extent of the |
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| 36 | 36 | | conflict. |
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| 37 | 37 | | Sec. 236.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The |
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| 38 | 38 | | authority granted by this chapter does not affect the authority of |
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| 39 | 39 | | the commissioners court to adopt an order or ordinance under other |
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| 40 | 40 | | law. |
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| 41 | 41 | | Sec. 236.005. INJUNCTION. The county, in a suit brought by |
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| 42 | 42 | | the county attorney or other prosecuting attorney representing the |
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| 43 | 43 | | county in the district court, is entitled to appropriate injunctive |
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| 44 | 44 | | relief to prevent the violation or threatened violation of an order |
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| 45 | 45 | | adopted under this chapter from continuing or occurring. |
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| 46 | 46 | | Sec. 236.006. PENALTY. A person commits an offense if the |
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| 47 | 47 | | person violates a restriction or prohibition imposed by an order |
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| 48 | 48 | | adopted under this chapter. An offense under this section is a |
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| 49 | 49 | | Class C misdemeanor. |
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| 50 | 50 | | SECTION 2. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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