83R10253 PAM-D
By: Coleman H.B. No. 3793
A BILL TO BE ENTITLED
AN ACT
relating to county powers, duties, and services; providing
penalties; imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.019 to read as follows:
Sec. 511.019. COUNTY JAIL STUDY. (a) The commission shall
conduct a study of county jails to investigate:
(1) the impact homelessness has on the county jail
population;
(2) innovative ways to address overcrowding; and
(3) innovative ways to address inmates undergoing
detoxification and withdrawal from drugs and alcohol during
confinement.
(b) Not later than December 1, 2014, the commissioner shall
prepare and deliver a report to the governor, lieutenant governor,
speaker of the house of representatives, and presiding officer of
each standing committee of the senate and house of representatives
having primary jurisdiction over matters relating to criminal
justice and corrections that contains:
(1) a summary of the study conducted under this
section; and
(2) the recommendations of the commission based on the
results of the study, including recommendations of any legislation
that is needed to implement the recommendations.
(c) This section expires September 1, 2015.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.094 to read as follows:
Sec. 531.094. MAXIMIZATION OF COUNTY INDIGENT HEALTH CARE
FUNDING. (a) If feasible and cost-effective, the commission shall
apply for a modification of or amendment to the waiver under Chapter
537 as necessary to more efficiently leverage the use of county
funds to maximize the receipt of federal Medicaid matching funds to
provide counties in the state with additional funding to provide
indigent health care under Chapter 61, Health and Safety Code.
(b) In pursuing the waiver modification or amendment
required under this section, the commission shall:
(1) solicit broad-based input from interested
persons; and
(2) employ the use of intergovernmental transfers and
other procedures to maximize the receipt of federal Medicaid
matching funds.
SECTION 3. Subchapter Z, Chapter 5, Local Government Code,
is amended by adding Section 5.905 to read as follows:
Sec. 5.905. INVENTORY OF SERVICES REQUIRED BEFORE
INCORPORATION. (a) Before a community may incorporate under this
subtitle, a comprehensive inventory of police, fire, and emergency
medical services provided by public or private entities in the area
proposed to be incorporated must be prepared. The inventory must
include for each service:
(1) the average dispatch and delivery time;
(2) a schedule of equipment, including vehicles;
(3) a staffing schedule that discloses the
certification and training levels of personnel; and
(4) a summary of operating and capital expenditures.
(b) The inventory must be filed with the county clerk of the
county in which the area proposed for incorporation is located on or
before the 60th day before the date of the incorporation election.
The county clerk shall make the inventory available for public
inspection.
SECTION 4. 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 5. 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 6. 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 7. Subchapter A, Chapter 351, Local Government
Code, is amended by adding Section 351.016 to read as follows:
Sec. 351.016. REPORT ON HOMELESS INDIVIDUALS. Each county
shall submit to the Commission on Jail Standards on or before the
fifth day of each month a report that contains the number of
homeless individuals confined in the county jail.
SECTION 8. Section 383.003(a), Local Government Code, is
amended to read as follows:
(a) Counties [Small and medium-sized counties] in this
state need incentives for the development of public improvements to
attract visitors and tourists [to those counties], and those
counties are at a disadvantage in competing with counties in other
states for the location and development of projects that attract
visitors by virtue of the availability and prevalent use of
financial incentives in other states.
SECTION 9. Section 383.021(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county [with a population
of 400,000 or less], on petition of the owners of land in a proposed
district, may commence the creation of a county development
district.
SECTION 10. Section 391.001, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) This chapter shall be interpreted broadly to:
(1) ensure that the intent and purpose of this chapter
is achieved; and
(2) encourage collaboration between regional planning
commissions and agencies that provide social service programs to
maximize available funding.
SECTION 11. Section 13.084, Water Code, is amended to read
as follows:
Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST
REIMBURSEMENT. The governing body of any municipality, [or] the
commissioners court of an affected county, or the commissioners
court of a county authorized to intervene under Section 13.1871 has
[shall have] the right to select and engage rate consultants,
accountants, auditors, attorneys, engineers, or any combination of
these experts to conduct investigations, present evidence, advise
and represent the governing body, and assist with litigation on
water and sewer utility ratemaking proceedings. The water and
sewer utility engaged in those proceedings shall be required to
reimburse the governing body or the commissioners court for the
reasonable costs of those services and shall be allowed to recover
those expenses through its rates with interest during the period of
recovery.
SECTION 12. Section 13.187(e), Water Code, is amended to
read as follows:
(e) If, before the 91st day after the effective date of the
rate change, the regulatory authority receives a complaint from a
county authorized to intervene under Section 13.1871, any affected
municipality, or from the lesser of 1,000 or 10 percent of the
ratepayers of the utility over whose rates the regulatory authority
has original jurisdiction, the regulatory authority shall set the
matter for hearing.
SECTION 13. Subchapter F, Chapter 13, Water Code, is
amended by adding Section 13.1871 to read as follows:
Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county, on
behalf of water rate payers in unincorporated areas of the county,
may intervene as a party in a rate proceeding under this subchapter.
SECTION 14. The change in law made by Sections 13.084 and
13.187(e), Water Code, as amended by this Act, and Section 13.1871,
Water Code, as added by this Act, applies only to an original rate
proceeding in which the initial hearing is held on or after
September 1, 2013. A proceeding in which the initial hearing is
held before September 1, 2013, is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2013.