81R14678 JTS-D
By: Shapleigh S.B. No. 2175
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties to regulate land
development; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Local Government Code, is
amended by adding Chapter 236 to read as follows:
CHAPTER 236. REGULATION OF LAND DEVELOPMENT IN CERTAIN
COUNTIES
Sec. 236.001. APPLICABILITY. This chapter applies only to a
county any part of which is located within 50 miles of an
international border.
Sec. 236.002. REGULATORY AUTHORITY. The commissioners
court of the county by order may regulate land development in the
unincorporated area of the county 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 percentage of a lot or tract that may be
occupied; and
(D) the location of buildings and other
structures on a lot or tract; and
(2) adopting building codes to promote safe and
uniform building, plumbing, and electrical standards.
Sec. 236.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
ORDER. If an order adopted under this chapter conflicts with an
ordinance of a municipality, the municipal ordinance prevails
within the municipality's jurisdiction to the extent of the
conflict.
Sec. 236.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The
authority granted by this chapter does not affect the authority of
the commissioners court to adopt an order or ordinance under other
law.
Sec. 236.005. INJUNCTION. The county, in a suit brought by
the county attorney or other prosecuting attorney representing the
county in the district court, is entitled to appropriate injunctive
relief to prevent the violation or threatened violation of an order
adopted under this chapter from continuing or occurring.
Sec. 236.006. PENALTY. A person commits an offense if the
person violates a restriction or prohibition imposed by an order
adopted under this chapter. An offense under this section is a
Class C misdemeanor.
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.