Texas 2017 - 85th Regular

Texas Senate Bill SB1674 Compare Versions

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

Old	New	Differences
1	1	85R12275 JTS-D
2	2	By: Lucio S.B. No. 1674
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 address population growth and prevent the
9	9	proliferation of substandard dwellings; providing a 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 and other areas with
37	37	substandard buildings by:
38	38	(1) adopting regulations relating to:
39	39	(A) maximum densities, including the size of
40	40	lots;
41	41	(B) the height, number of stories, size, or
42	42	number of buildings or other structures that may be located on a lot
43	43	or tract;
44	44	(C) the location of buildings and other
45	45	structures on a lot or tract; and
46	46	(D) the preparation of a plan for utility
47	47	development, environmental effect and adaptation, utility
48	48	extension, and capacity planning and providing financial analysis
49	49	of the plan; and
50	50	(2) adopting building codes to promote safe and
51	51	uniform building, plumbing, and electrical standards.
52	52	(b) If a tract of land is appraised as agricultural or
53	53	open-space land by the appraisal district, the commissioners court
54	54	or governing body may not regulate land development on that tract
55	55	under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
56	56	(a)(2).
57	57	(c) The authority granted under this section does not
58	58	authorize the commissioners court or governing body to adopt an
59	59	order regulating commercial property that is uninhabitable.
60	60	(d) The authority granted under this section does not
61	61	authorize the commissioners court or governing body to adopt an
62	62	order that limits or otherwise impairs the rights of individuals or
63	63	entities in the exploration, development, or production of oil,
64	64	gas, or other minerals.
65	65	Sec. 242.053. BUILDING PERMITS. (a) The county or
66	66	municipality, as appropriate, shall issue a building permit if the
67	67	person submitting the application for the permit:
68	68	(1) files information relating to the location of the
69	69	residence;
70	70	(2) files the building plans for the residence; and
71	71	(3) complies with the applicable regulations relating
72	72	to the issuance of the permit.
73	73	(b) The county or municipality may charge a reasonable
74	74	building permit fee.
75	75	(c) The county or municipality shall deposit fees collected
76	76	under this section in an account in its general fund and dedicate
77	77	the fees to the building permit program. The funds in the account
78	78	may be used only for the purpose of administering the building
79	79	permit program.
80	80	Sec. 242.054. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
81	81	ORDER. If an order adopted by the county under this subchapter
82	82	conflicts with an ordinance of a municipality, the municipal
83	83	ordinance prevails within the municipality's jurisdiction to the
84	84	extent of the conflict.
85	85	Sec. 242.055. EXISTING AUTHORITY UNAFFECTED. The authority
86	86	granted by this subchapter does not affect the authority of the
87	87	commissioners court or governing body to adopt an order or
88	88	ordinance under other law.
89	89	Sec. 242.056. INJUNCTION. The county or municipality, in a
90	90	suit brought by the appropriate attorney representing the county or
91	91	municipality in the district court, is entitled to appropriate
92	92	injunctive relief to prevent the violation or threatened violation
93	93	of the entity's order or ordinance adopted under this subchapter
94	94	from continuing or occurring.
95	95	Sec. 242.057. PENALTY; EXCEPTION. (a) A person commits an
96	96	offense if the person violates a restriction or prohibition imposed
97	97	by an order or ordinance adopted under this subchapter. An offense
98	98	under this section is a Class C misdemeanor.
99	99	(b) It is an exception to the application of this section
100	100	that:
101	101	(1) the person is an owner-occupant of a residential
102	102	dwelling that is classified by the Texas Department of Housing and
103	103	Community Affairs as a low-income household;
104	104	(2) the dwelling was constructed before the effective
105	105	date of this subchapter;
106	106	(3) the violation related to a building standard or
107	107	building code for that dwelling; and
108	108	(4) the county or municipality, as appropriate:
109	109	(A) did not make available to the person a grant
110	110	or loan in an amount sufficient to cure the violation; or
111	111	(B) made available to the person a loan that was
112	112	sufficient to cure the violation but that caused the housing
113	113	expenses of the person to exceed 30 percent of the person's net
114	114	income.
115	115	SECTION 2. The heading to Chapter 242, Local Government
116	116	Code, is amended to read as follows:
117	117	CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
118	118	SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
119	119	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
120	120	SECTION 3. Chapter 242, Local Government Code, is amended
121	121	by designating Sections 242.001, 242.0015, 242.002, and 242.003 as
122	122	Subchapter A and adding a heading for Subchapter A to read as
123	123	follows:
124	124	SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
125	125	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
126	126	SECTION 4. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2017.