Texas 2017 - 85th Regular

Texas House Bill HB1562 Compare Versions

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

Old	New	Differences
1	1	85R5657 JCG-F
2	2	By: Minjarez H.B. No. 1562
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to zoning and building construction regulations in certain
8	8	counties; providing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 231, Local Government Code, is amended
11	11	by adding Subchapter N to read as follows:
12	12	SUBCHAPTER N. ZONING AND BUILDING CONSTRUCTION ORDINANCES IN URBAN
13	13	COUNTIES
14	14	Sec. 231.301. PURPOSE. The powers granted under this
15	15	subchapter are for the purpose of protecting the public health,
16	16	safety, welfare, and morals.
17	17	Sec. 231.302. APPLICABILITY. This subchapter applies only
18	18	to:
19	19	(1) a county that has a population of 100,000 or more;
20	20	or
21	21	(2) a county that contains part of a metropolitan
22	22	statistical area with a total population greater than 100,000.
23	23	Sec. 231.303. ZONING AND BUILDING CONSTRUCTION ORDINANCES;
24	24	RULES. (a) The commissioners court of a county may adopt
25	25	ordinances, not inconsistent with state law, that apply only to the
26	26	unincorporated area of the county and that regulate:
27	27	(1) the height, number of stories, or size of
28	28	buildings;
29	29	(2) the percentage of a lot that may be occupied;
30	30	(3) the size of yards and other spaces;
31	31	(4) population density;
32	32	(5) the location and use of buildings and land for
33	33	commercial, industrial, residential, or other purposes; and
34	34	(6) building construction standards.
35	35	(b) The commissioners court may not regulate the use,
36	36	design, or placement of public utility buildings, land, or
37	37	facilities.
38	38	(c) The commissioners court may not regulate for siting or
39	39	zoning purposes new manufactured or industrialized housing that is
40	40	constructed to preemptive state or federal building standards in
41	41	any manner that is different from regulation of site-built housing.
42	42	(d) The commissioners court shall adopt rules as necessary
43	43	to carry out this subchapter.
44	44	Sec. 231.304. LOCAL OPTION ELECTION. (a) This subchapter
45	45	applies only to a county in which a majority of the voters of the
46	46	unincorporated area of the county voting on the question approve
47	47	this subchapter's grant of authority to the county. The
48	48	commissioners court shall order and hold an election in the
49	49	unincorporated area of the county if the court is petitioned to do
50	50	so under Section 231.305. The commissioners court may not order and
51	51	hold the election on its own motion.
52	52	(b) If an election is held, the ballot shall be printed to
53	53	provide for voting for or against the proposition: "Granting
54	54	authority to the county to adopt zoning and building construction
55	55	ordinances for the unincorporated area of (name of county)."
56	56	Sec. 231.305. PETITION; VERIFICATION. (a) A petition for
57	57	the local option election must include a statement worded
58	58	substantially as provided by this subsection and located on each
59	59	page of the petition preceding the space reserved for signatures:
60	60	"This petition is to request that an election be held in the
61	61	unincorporated area of (name of county) to authorize the county to
62	62	adopt zoning and building construction ordinances for the
63	63	unincorporated area of (name of county)."
64	64	(b) To be valid, a petition must:
65	65	(1) be signed by registered voters of the
66	66	unincorporated area of the county in a number equal to at least five
67	67	percent of the number of registered voters in the unincorporated
68	68	area of the county on the date of the most recent general election
69	69	for state and county officers; and
70	70	(2) comply with Chapter 277, Election Code.
71	71	(c) Within five days after the date a petition is received
72	72	in the office of the commissioners court, the commissioners court
73	73	shall submit the petition for verification to the county clerk, who
74	74	shall determine whether the petition meets the requirements imposed
75	75	by this section. Within 30 days after the date the petition is
76	76	submitted to the county clerk for verification, the county clerk
77	77	shall certify in writing to the commissioners court whether the
78	78	petition is valid. If the county clerk determines that the petition
79	79	is invalid, the clerk shall state the reasons for that
80	80	determination.
81	81	(d) If the county clerk certifies that a petition is valid,
82	82	the commissioners court shall order the election to be held on the
83	83	next uniform election date authorized by Section 41.001, Election
84	84	Code, that:
85	85	(1) occurs after the date the court receives the
86	86	county clerk's certification; and
87	87	(2) allows enough time to hold the election in the
88	88	manner required by law.
89	89	Sec. 231.306. COUNTY PLANNING COMMISSION. (a) A county
90	90	planning commission is composed of:
91	91	(1) three residents of the county who own land in the
92	92	county, appointed by the county judge;
93	93	(2) one resident of each commissioners precinct in the
94	94	county, appointed by the county commissioner for that precinct; and
95	95	(3) for each municipality with a population of 25,000
96	96	or more located wholly or partly in the county:
97	97	(A) the mayor of the municipality, if the mayor
98	98	resides in the county; or
99	99	(B) a person who is a resident of the
100	100	municipality and the county, appointed by the mayor, if the mayor
101	101	does not reside in the county.
102	102	(b) Except for the initial appointed members, the appointed
103	103	members of a commission are appointed for terms of two years
104	104	expiring on February 1 of each odd-numbered year. The initial
105	105	appointed members are appointed for terms expiring on the first
106	106	February 1 of an odd-numbered year occurring after the date of their
107	107	appointment.
108	108	(c) A commission annually shall elect a chair and vice-chair
109	109	from its members. The commissioners court shall employ staff for
110	110	the use of the commission in performing its functions.
111	111	Sec. 231.307. COMMISSION DUTIES. The commissioners court
112	112	may assign the planning commission any duties that the court
113	113	considers appropriate and that are not inconsistent with this
114	114	subchapter.
115	115	Sec. 231.308. COMMISSION STUDIES; REPORTS; HEARINGS. (a)
116	116	At the request of the commissioners court, a planning commission
117	117	shall, or on its own initiative a commission may, conduct studies of
118	118	the unincorporated area of the county and prepare reports to advise
119	119	the commissioners court about:
120	120	(1) the initial boundaries of zoning districts and
121	121	other initial regulations for the unincorporated area of the
122	122	county; and
123	123	(2) changes to those districts or regulations.
124	124	(b) Before the commission may prepare a report, the
125	125	commission must hold a public hearing at which members of the public
126	126	may present testimony about any subject to be included in the
127	127	commission's report. The commission shall give notice of the
128	128	hearing as required by the commissioners court.
129	129	(c) If a report will advise the commissioners court about a
130	130	proposed action regarding the zoning classification of a parcel of
131	131	land, the commission shall send written notice to each landowner,
132	132	as listed on the county tax rolls, whose land is directly affected
133	133	by the proposed action or whose land is located within 200 feet of
134	134	land directly affected. The notice must inform the landowner of the
135	135	time and place of the public hearing at which the landowner may
136	136	present testimony to the commission about the proposed action and
137	137	must be deposited in the United States mail before the 10th day
138	138	before the date of the hearing.
139	139	Sec. 231.309. ADOPTION OF ORDINANCE AFTER RECEIPT OF
140	140	REPORT. The commissioners court may adopt a proposed ordinance
141	141	only after the court receives a planning commission's report
142	142	prepared under Section 231.308 relating to the proposed ordinance.
143	143	Sec. 231.310. SPECIAL EXCEPTIONS. (a) The commissioners
144	144	court may grant a special exception to an ordinance adopted under
145	145	this subchapter if the court finds that the grant of the special
146	146	exception will not be contrary to the public interest and that a
147	147	literal enforcement of the ordinance would result in an unnecessary
148	148	hardship.
149	149	(b) The commissioners court shall adopt procedures
150	150	governing applications, notice, hearings, and other matters
151	151	relating to the grant of a special exception.
152	152	Sec. 231.311. CONFLICT WITH OTHER ACTION. If an ordinance
153	153	adopted under this subchapter conflicts with an action of a
154	154	municipality in the municipality's extraterritorial jurisdiction,
155	155	the municipal action controls to the extent of the conflict.
156	156	Sec. 231.312. ENFORCEMENT. (a) The county attorney or
157	157	other prosecuting attorney representing the county in the district
158	158	court may file an action to enjoin the violation or threatened
159	159	violation of an ordinance adopted under this subchapter. The court
160	160	may grant appropriate relief.
161	161	(b) If an ordinance adopted under this subchapter defines an
162	162	offense, an offense under that order is a Class C misdemeanor. The
163	163	offense shall be prosecuted in the same manner as an offense defined
164	164	by state law.
165	165	SECTION 2. This Act takes effect September 1, 2017.