85R5657 JCG-F
By: Minjarez H.B. No. 1562
A BILL TO BE ENTITLED
AN ACT
relating to zoning and building construction regulations in certain
counties; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. ZONING AND BUILDING CONSTRUCTION ORDINANCES IN URBAN
COUNTIES
Sec. 231.301. PURPOSE. The powers granted under this
subchapter are for the purpose of protecting the public health,
safety, welfare, and morals.
Sec. 231.302. APPLICABILITY. This subchapter applies only
to:
(1) a county that has a population of 100,000 or more;
or
(2) a county that contains part of a metropolitan
statistical area with a total population greater than 100,000.
Sec. 231.303. ZONING AND BUILDING CONSTRUCTION ORDINANCES;
RULES. (a) The commissioners court of a county may adopt
ordinances, not inconsistent with state law, that apply only to the
unincorporated area of the county and that regulate:
(1) the height, number of stories, or size of
buildings;
(2) the percentage of a lot that may be occupied;
(3) the size of yards and other spaces;
(4) population density;
(5) the location and use of buildings and land for
commercial, industrial, residential, or other purposes; and
(6) building construction standards.
(b) The commissioners court may not regulate the use,
design, or placement of public utility buildings, land, or
facilities.
(c) The commissioners court may not regulate for siting or
zoning purposes new manufactured or industrialized housing that is
constructed to preemptive state or federal building standards in
any manner that is different from regulation of site-built housing.
(d) The commissioners court shall adopt rules as necessary
to carry out this subchapter.
Sec. 231.304. LOCAL OPTION ELECTION. (a) This subchapter
applies only to a county in which a majority of the voters of the
unincorporated area of the county voting on the question approve
this subchapter's grant of authority to the county. The
commissioners court shall order and hold an election in the
unincorporated area of the county if the court is petitioned to do
so under Section 231.305. The commissioners court may not order and
hold the election on its own motion.
(b) If an election is held, the ballot shall be printed to
provide for voting for or against the proposition: "Granting
authority to the county to adopt zoning and building construction
ordinances for the unincorporated area of (name of county)."
Sec. 231.305. PETITION; VERIFICATION. (a) A petition for
the local option election must include a statement worded
substantially as provided by this subsection and located on each
page of the petition preceding the space reserved for signatures:
"This petition is to request that an election be held in the
unincorporated area of (name of county) to authorize the county to
adopt zoning and building construction ordinances for the
unincorporated area of (name of county)."
(b) To be valid, a petition must:
(1) be signed by registered voters of the
unincorporated area of the county in a number equal to at least five
percent of the number of registered voters in the unincorporated
area of the county on the date of the most recent general election
for state and county officers; and
(2) comply with Chapter 277, Election Code.
(c) Within five days after the date a petition is received
in the office of the commissioners court, the commissioners court
shall submit the petition for verification to the county clerk, who
shall determine whether the petition meets the requirements imposed
by this section. Within 30 days after the date the petition is
submitted to the county clerk for verification, the county clerk
shall certify in writing to the commissioners court whether the
petition is valid. If the county clerk determines that the petition
is invalid, the clerk shall state the reasons for that
determination.
(d) If the county clerk certifies that a petition is valid,
the commissioners court shall order the election to be held on the
next uniform election date authorized by Section 41.001, Election
Code, that:
(1) occurs after the date the court receives the
county clerk's certification; and
(2) allows enough time to hold the election in the
manner required by law.
Sec. 231.306. COUNTY PLANNING COMMISSION. (a) A county
planning commission is composed of:
(1) three residents of the county who own land in the
county, appointed by the county judge;
(2) one resident of each commissioners precinct in the
county, appointed by the county commissioner for that precinct; and
(3) for each municipality with a population of 25,000
or more located wholly or partly in the county:
(A) the mayor of the municipality, if the mayor
resides in the county; or
(B) a person who is a resident of the
municipality and the county, appointed by the mayor, if the mayor
does not reside in the county.
(b) Except for the initial appointed members, the appointed
members of a commission are appointed for terms of two years
expiring on February 1 of each odd-numbered year. The initial
appointed members are appointed for terms expiring on the first
February 1 of an odd-numbered year occurring after the date of their
appointment.
(c) A commission annually shall elect a chair and vice-chair
from its members. The commissioners court shall employ staff for
the use of the commission in performing its functions.
Sec. 231.307. COMMISSION DUTIES. The commissioners court
may assign the planning commission any duties that the court
considers appropriate and that are not inconsistent with this
subchapter.
Sec. 231.308. COMMISSION STUDIES; REPORTS; HEARINGS. (a)
At the request of the commissioners court, a planning commission
shall, or on its own initiative a commission may, conduct studies of
the unincorporated area of the county and prepare reports to advise
the commissioners court about:
(1) the initial boundaries of zoning districts and
other initial regulations for the unincorporated area of the
county; and
(2) changes to those districts or regulations.
(b) Before the commission may prepare a report, the
commission must hold a public hearing at which members of the public
may present testimony about any subject to be included in the
commission's report. The commission shall give notice of the
hearing as required by the commissioners court.
(c) If a report will advise the commissioners court about a
proposed action regarding the zoning classification of a parcel of
land, the commission shall send written notice to each landowner,
as listed on the county tax rolls, whose land is directly affected
by the proposed action or whose land is located within 200 feet of
land directly affected. The notice must inform the landowner of the
time and place of the public hearing at which the landowner may
present testimony to the commission about the proposed action and
must be deposited in the United States mail before the 10th day
before the date of the hearing.
Sec. 231.309. ADOPTION OF ORDINANCE AFTER RECEIPT OF
REPORT. The commissioners court may adopt a proposed ordinance
only after the court receives a planning commission's report
prepared under Section 231.308 relating to the proposed ordinance.
Sec. 231.310. SPECIAL EXCEPTIONS. (a) The commissioners
court may grant a special exception to an ordinance adopted under
this subchapter if the court finds that the grant of the special
exception will not be contrary to the public interest and that a
literal enforcement of the ordinance would result in an unnecessary
hardship.
(b) The commissioners court shall adopt procedures
governing applications, notice, hearings, and other matters
relating to the grant of a special exception.
Sec. 231.311. CONFLICT WITH OTHER ACTION. If an ordinance
adopted under this subchapter conflicts with an action of a
municipality in the municipality's extraterritorial jurisdiction,
the municipal action controls to the extent of the conflict.
Sec. 231.312. ENFORCEMENT. (a) The county attorney or
other prosecuting attorney representing the county in the district
court may file an action to enjoin the violation or threatened
violation of an ordinance adopted under this subchapter. The court
may grant appropriate relief.
(b) If an ordinance adopted under this subchapter defines an
offense, an offense under that order is a Class C misdemeanor. The
offense shall be prosecuted in the same manner as an offense defined
by state law.
SECTION 2. This Act takes effect September 1, 2017.