Texas 2019 - 86th Regular

Texas Senate Bill SB2005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R7615 MP-D
1	2		By: Lucio S.B. No. 2005
2		-	(In the Senate - Filed March 7, 2019; March 21, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 26, 2019, reported favorably by the following
5		-	vote: Yeas 4, Nays 3; April 26, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to authorizing certain border counties and municipalities
12	8		in those counties to address population growth and prevent the
13	9		proliferation of substandard dwellings; creating a criminal
14	10		offense; authorizing a fee.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Chapter 242, Local Government Code, is amended
17	13		by adding Subchapter B to read as follows:
18	14		SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN BORDER COUNTIES
19	15		AND MUNICIPALITIES LOCATED IN THOSE COUNTIES
20	16		Sec. 242.051. APPLICABILITY. This subchapter applies only
21	17		to:
22	18		(1) a county with a population of more than 400,000
23	19		that is:
24	20		(A) located along an international border; and
25	21		(B) adjacent to another county with a population
26	22		of more than 400,000; or
27	23		(2) a municipality located in that county if:
28	24		(A) the county does not exercise in the
29	25		municipality's extraterritorial jurisdiction the authority
30	26		described by this subchapter; and
31	27		(B) the county by resolution authorizes the
32	28		municipality to exercise in the municipality's extraterritorial
33	29		jurisdiction the authority described by this subchapter.
34		-	Sec. 242.052. REGULATORY AUTHORITY. (a) The
35		-	~~commissioners~~ court of a county to which this subchapter applies
36		-	~~may, by order,~~ regulate residential land development in the
37		-	~~unincorporated area of~~ the county. The governing body of a
38		-	~~municipality to which this~~ subchapter applies may, by ordinance,
39		-	~~regulate residential land~~ development in the municipality's
40		-	~~extraterritorial jurisdiction.~~ By this authority, the
41		-	~~commissioners court or governing body may~~ prevent the proliferation
42		-	~~of colonias and other areas with~~ substandard buildings by:
	30	+	Sec. 242.052. REGULATORY AUTHORITY. (a) The commissioners
	31	+	court of a county to which this subchapter applies may, by order,
	32	+	regulate residential land development in the unincorporated area of
	33	+	the county. The governing body of a municipality to which this
	34	+	subchapter applies may, by ordinance, regulate residential land
	35	+	development in the municipality's extraterritorial jurisdiction.
	36	+	By this authority, the commissioners court or governing body may
	37	+	prevent the proliferation of colonias and other areas with
	38	+	substandard buildings by:
43	39		(1) adopting regulations relating to:
44	40		(A) maximum densities, including the size of
45	41		lots;
46	42		(B) the height, number of stories, size, or
47	43		number of buildings or other structures that may be located on a lot
48	44		or tract;
49	45		(C) the location of buildings and other
50	46		structures on a lot or tract; and
51	47		(D) the preparation of a plan for utility
52	48		development, environmental effect and adaptation, utility
53	49		extension, and capacity planning and providing financial analysis
54	50		of the plan; and
55	51		(2) adopting building codes to promote safe and
56	52		uniform building, plumbing, and electrical standards.
57	53		(b) If a tract of land is appraised as agricultural or
58	54		open-space land by the appraisal district, the commissioners court
59	55		or governing body may not regulate land development on that tract
60	56		under the authority granted by Subsection (a)(1)(B) or (C) or
61	57		(a)(2).
62	58		(c) The authority granted under this section does not
63	59		authorize the commissioners court or governing body to adopt an
64	60		order regulating commercial property that is uninhabitable.
65	61		(d) The authority granted under this section does not
66	62		authorize the commissioners court or governing body to adopt an
67	63		order that limits or otherwise impairs the rights of individuals or
68	64		entities in the exploration, development, or production of oil,
69	65		gas, or other minerals.
70	66		Sec. 242.053. BUILDING PERMITS. (a) The county or
71	67		municipality, as appropriate, shall issue a building permit if the
72	68		person submitting the application for the permit:
73	69		(1) files information relating to the location of the
74	70		residence;
75	71		(2) files the building plans for the residence; and
76	72		(3) complies with the applicable regulations relating
77	73		to the issuance of the permit.
78	74		(b) The county or municipality may charge a reasonable
79	75		building permit fee.
80	76		(c) The county or municipality shall deposit fees collected
81	77		under this section in an account in its general fund and dedicate
82	78		the fees to the building permit program. The funds in the account
83	79		may be used only for the purpose of administering the building
84	80		permit program.
85	81		Sec. 242.054. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
86	82		ORDER. If an order adopted by the county under this subchapter
87	83		conflicts with an ordinance of a municipality, the municipal
88	84		ordinance prevails within the municipality's jurisdiction to the
89	85		extent of the conflict.
90	86		Sec. 242.055. EXISTING AUTHORITY UNAFFECTED. The authority
91	87		granted by this subchapter does not affect the authority of the
92	88		commissioners court or governing body to adopt an order or
93	89		ordinance under other law.
94	90		Sec. 242.056. INJUNCTION. The county or municipality, in a
95	91		suit brought by the appropriate attorney representing the county or
96	92		municipality in the district court, is entitled to appropriate
97	93		injunctive relief to prevent the violation or threatened violation
98	94		of the entity's order or ordinance adopted under this subchapter
99	95		from continuing or occurring.
100	96		Sec. 242.057. PENALTY; EXCEPTION. (a) A person commits an
101	97		offense if the person violates a restriction or prohibition imposed
102	98		by an order or ordinance adopted under this subchapter. An offense
103	99		under this section is a Class C misdemeanor.
104	100		(b) It is an exception to the application of this section
105	101		that:
106	102		(1) the person is an owner-occupant of a residential
107	103		dwelling that is classified by the Texas Department of Housing and
108	104		Community Affairs as a low-income household;
109	105		(2) the dwelling was constructed before the effective
110	106		date of this subchapter;
111	107		(3) the violation related to a building standard or
112	108		building code for that dwelling; and
113	109		(4) the county or municipality, as appropriate:
114	110		(A) did not make available to the person a grant
115	111		or loan in an amount sufficient to cure the violation; or
116	112		(B) made available to the person a loan that was
117	113		sufficient to cure the violation but that caused the housing
118	114		expenses of the person to exceed 30 percent of the person's net
119	115		income.
120	116		SECTION 2. The heading to Chapter 242, Local Government
121	117		Code, is amended to read as follows:
122	118		CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
123	119		SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
124	120		MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
125	121		SECTION 3. Chapter 242, Local Government Code, is amended
126	122		by designating Sections 242.001, 242.0015, 242.002, and 242.003 as
127	123		Subchapter A and adding a subchapter heading to read as follows:
128	124		SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
129	125		MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
130	126		SECTION 4. This Act takes effect immediately if it receives
131	127		a vote of two-thirds of all the members elected to each house, as
132	128		provided by Section 39, Article III, Texas Constitution. If this
133	129		Act does not receive the vote necessary for immediate effect, this
134	130		Act takes effect September 1, 2019.
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