Texas 2015 - 84th Regular

Texas Senate Bill SB1375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2818 JTS-D
2	2	By: Lucio S.B. No. 1375
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain border counties and municipalities
8	8	in those counties to regulate land development; providing a
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 242, Local Government Code, is amended
12	12	by adding Subchapter B to read as follows:
13	13	SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN BORDER COUNTIES
14	14	AND MUNICIPALITIES LOCATED IN THOSE COUNTIES
15	15	Sec. 242.051. APPLICABILITY. This subchapter applies only
16	16	to:
17	17	(1) a county with a population of more than 400,000
18	18	that is:
19	19	(A) located along an international border; and
20	20	(B) adjacent to another county with a population
21	21	of more than 400,000; or
22	22	(2) a municipality located in that county if:
23	23	(A) the county does not exercise in the
24	24	municipality's extraterritorial jurisdiction the authority
25	25	described by this subchapter; and
26	26	(B) the county by resolution authorizes the
27	27	municipality to exercise in the municipality's extraterritorial
28	28	jurisdiction the authority described by this subchapter.
29	29	Sec. 242.052. REGULATORY AUTHORITY. (a) The commissioners
30	30	court of a county to which this subchapter applies may, by order,
31	31	regulate residential land development in the unincorporated area of
32	32	the county. The governing body of a municipality to which this
33	33	subchapter applies may, by ordinance, regulate residential land
34	34	development in the municipality's extraterritorial jurisdiction.
35	35	By this authority, the commissioners court or governing body may
36	36	prevent the proliferation of colonias by:
37	37	(1) adopting regulations relating to:
38	38	(A) maximum densities, including the size of
39	39	lots;
40	40	(B) the height, number of stories, size, or
41	41	number of buildings or other structures that may be located on a lot
42	42	or tract;
43	43	(C) the location of buildings and other
44	44	structures on a lot or tract; and
45	45	(D) the preparation of a plan for utility
46	46	development, environmental effect and adaptation, utility
47	47	extension, and capacity planning and providing financial analysis
48	48	of the plan; and
49	49	(2) adopting building codes to promote safe and
50	50	uniform building, plumbing, and electrical standards.
51	51	(b) If a tract of land is appraised as agricultural or
52	52	open-space land by the appraisal district, the commissioners court
53	53	or governing body may not regulate land development on that tract
54	54	under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
55	55	(a)(2).
56	56	(c) The authority granted under this section does not
57	57	authorize the commissioners court or governing body to adopt an
58	58	order regulating commercial property that is uninhabitable.
59	59	(d) The authority granted under this section does not
60	60	authorize the commissioners court or governing body to adopt an
61	61	order that limits or otherwise impairs the rights of individuals or
62	62	entities in the exploration, development, or production of oil,
63	63	gas, or other minerals.
64	64	Sec. 242.053. BUILDING PERMITS. (a) The county or
65	65	municipality, as appropriate, shall issue a building permit if the
66	66	person submitting the application for the permit:
67	67	(1) files information relating to the location of the
68	68	residence;
69	69	(2) files the building plans for the residence; and
70	70	(3) complies with the applicable regulations relating
71	71	to the issuance of the permit.
72	72	(b) The county or municipality may charge a reasonable
73	73	building permit fee.
74	74	(c) The county or municipality shall deposit fees collected
75	75	under this section in an account in its general fund and dedicate
76	76	the fees to the building permit program. The funds in the account
77	77	may be used only for the purpose of administering the building
78	78	permit program.
79	79	Sec. 242.054. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
80	80	ORDER. If an order adopted by the county under this subchapter
81	81	conflicts with an ordinance of a municipality, the municipal
82	82	ordinance prevails within the municipality's jurisdiction to the
83	83	extent of the conflict.
84	84	Sec. 242.055. EXISTING AUTHORITY UNAFFECTED. The authority
85	85	granted by this subchapter does not affect the authority of the
86	86	commissioners court or governing body to adopt an order or
87	87	ordinance under other law.
88	88	Sec. 242.056. INJUNCTION. The county or municipality, in a
89	89	suit brought by the appropriate attorney representing the county or
90	90	municipality in the district court, is entitled to appropriate
91	91	injunctive relief to prevent the violation or threatened violation
92	92	of the entity's order or ordinance adopted under this subchapter
93	93	from continuing or occurring.
94	94	Sec. 242.057. PENALTY; EXCEPTION. (a) A person commits an
95	95	offense if the person violates a restriction or prohibition imposed
96	96	by an order or ordinance adopted under this subchapter. An offense
97	97	under this section is a Class C misdemeanor.
98	98	(b) It is an exception to the application of this section
99	99	that:
100	100	(1) the person is an owner-occupant of a residential
101	101	dwelling that is classified by the Texas Department of Housing and
102	102	Community Affairs as a low-income household;
103	103	(2) the dwelling was constructed before the effective
104	104	date of this subchapter;
105	105	(3) the violation related to a building standard or
106	106	building code for that dwelling; and
107	107	(4) the county or municipality, as appropriate:
108	108	(A) did not make available to the person a grant
109	109	or loan in an amount sufficient to cure the violation; or
110	110	(B) made available to the person a loan that was
111	111	sufficient to cure the violation but that caused the housing
112	112	expenses of the person to exceed 30 percent of the person's net
113	113	income.
114	114	SECTION 2. The heading to Chapter 242, Local Government
115	115	Code, is amended to read as follows:
116	116	CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
117	117	SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
118	118	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
119	119	SECTION 3. Chapter 242, Local Government Code, is amended
120	120	by designating Sections 242.001, 242.0015, 242.002, and 242.003 as
121	121	Subchapter A and adding a heading for Subchapter A to read as
122	122	follows:
123	123	SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
124	124	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
125	125	SECTION 4. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2015.