82R1009 JTS-F
By: Lucio S.B. No. 1363
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties and municipalities to
regulate land development; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 242, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND
MUNICIPALITIES
Sec. 242.051. APPLICABILITY. This subchapter applies only
to:
(1) a county that includes territory located within 50
miles of an international border; or
(2) a municipality located in that county if:
(A) the county does not exercise in the
municipality's extraterritorial jurisdiction the authority
described by this subchapter; and
(B) the county by resolution authorizes the
municipality to exercise in the municipality's extraterritorial
jurisdiction the authority described by this subchapter.
Sec. 242.052. REGULATORY AUTHORITY. (a) The
commissioners court of a county to which this subchapter applies
may, by order, regulate residential land development in the
unincorporated area of the county. The governing body of a
municipality to which this subchapter applies may, by ordinance,
regulate residential land development in the municipality's
extraterritorial jurisdiction. By this authority, the
commissioners court or governing body may prevent the proliferation
of colonias 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 location of buildings and other
structures on a lot or tract; and
(D) the preparation of a plan for utility
development, environmental effect and adaptation, utility
extension, and capacity planning and providing financial analysis
of said plan; and
(2) adopting building codes to promote safe and
uniform building, plumbing, and electrical standards.
(b) If a tract of land is appraised as agricultural or
open-space land by the appraisal district, the commissioners court
or governing body may not regulate land development on that tract
under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
(a)(2).
(c) The authority granted under this section does not
authorize the commissioners court or governing body to adopt an
order regulating commercial property that is uninhabitable.
(d) The authority granted under this section does not
authorize the commissioners court or governing body to adopt an
order that limits or otherwise impairs the rights of individuals or
entities in the exploration, development, or production of oil,
gas, or other minerals.
Sec. 242.053. BUILDING PERMITS. (a) The county or
municipality, as appropriate, shall issue a building permit if the
person submitting the application for the permit:
(1) files information relating to the location of the
residence;
(2) files the building plans for the residence; and
(3) complies with the applicable regulations relating
to the issuance of the permit.
(b) The county or municipality may charge a reasonable
building permit fee.
(c) The county or municipality shall deposit fees collected
under this section in an account in its general fund and dedicate
the fees to the building permit program. The funds in the account
may be used only for the purpose of administering the building
permit program.
Sec. 242.054. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
ORDER. If an order adopted by the county under this subchapter
conflicts with an ordinance of a municipality, the municipal
ordinance prevails within the municipality's jurisdiction to the
extent of the conflict.
Sec. 242.055. EXISTING AUTHORITY UNAFFECTED. The authority
granted by this subchapter does not affect the authority of the
commissioners court or governing body to adopt an order or
ordinance under other law.
Sec. 242.056. INJUNCTION. The county or municipality, in a
suit brought by the appropriate attorney representing the county or
municipality in the district court, is entitled to appropriate
injunctive relief to prevent the violation or threatened violation
of the entity's order or ordinance adopted under this subchapter
from continuing or occurring.
Sec. 242.057. PENALTY; EXCEPTION. (a) A person commits an
offense if the person violates a restriction or prohibition imposed
by an order or ordinance adopted under this subchapter. An offense
under this section is a Class C misdemeanor.
(b) It is an exception to the application of this section
that:
(1) the person is an owner-occupant of a residential
dwelling that is classified by the Texas Department of Housing and
Community Affairs as a low-income household;
(2) the dwelling was constructed before the effective
date of this subchapter;
(3) the violation related to a building standard or
building code for that dwelling; and
(4) the county or municipality, as appropriate:
(A) did not make available to the person a grant
or loan in an amount sufficient to cure the violation; or
(B) made available to the person a loan that was
sufficient to cure the violation but that caused the housing
expenses of the person to exceed 30 percent of the person's net
income.
SECTION 2. The heading to Chapter 242, Local Government
Code, is amended to read as follows:
CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
SECTION 3. Chapter 242, Local Government Code, is amended
by designating Sections 242.001, 242.0015, and 242.002 as
Subchapter A and adding a heading for Subchapter A to read as
follows:
SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
SECTION 4. 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, 2011.