Texas 2023 - 88th Regular

Texas House Bill HB3398 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10360 SCL-D
2	2	By: Gerdes H.B. No. 3398
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county zoning authority for counties adjacent to
8	8	populous counties; creating a criminal offense.
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 IN COUNTIES ADJACENT TO POPULOUS COUNTIES
13	13	Sec. 231.301. APPLICABILITY OF SUBCHAPTER. This subchapter
14	14	applies only to a county that is adjacent to a county with a
15	15	population of one million or more.
16	16	Sec. 231.302. ADOPTION OF SUBCHAPTER. This subchapter
17	17	applies only to a county for which the commissioners court by order
18	18	adopts this subchapter on the court's own motion or following an
19	19	election as provided by Section 231.304(d).
20	20	Sec. 231.303. PETITION FOR ADOPTION. (a) A person may
21	21	submit a petition to the county clerk of a county to request that
22	22	the county hold an election on the question of adopting this
23	23	subchapter.
24	24	(b) The petition must:
25	25	(1) be signed by a number of registered voters in the
26	26	county that is equal to at least 10 percent of the number of votes
27	27	received by all candidates for governor in the most recent
28	28	gubernatorial general election in the area eligible to vote in the
29	29	election under Section 231.304;
30	30	(2) include each signer's current voter registration
31	31	number, printed name, and residence address, including zip code;
32	32	(3) include a signature date entered by each signer
33	33	next to the signer's signature; and
34	34	(4) include a statement on each page of the petition
35	35	preceding the space for signatures in substantially the following
36	36	form:
37	37	"This petition is to request that an election be held in (name of
38	38	county) to authorize the county to adopt zoning and building
39	39	regulations applicable in the unincorporated areas of the county
40	40	not subject to municipal zoning ordinances."
41	41	(c) A petition signature is not valid if:
42	42	(1) the signer fails to enter the date the signer signs
43	43	the petition; or
44	44	(2) the date is earlier than the 90th day before the
45	45	date the petition is submitted to the county clerk.
46	46	(d) Not later than the 30th day after the date the county
47	47	clerk receives a petition under this section, the clerk shall
48	48	provide a written determination on whether the petition is valid to
49	49	the commissioners court of the county.
50	50	(e) If the county clerk determines the petition is invalid,
51	51	the clerk shall provide written notice to the person submitting the
52	52	petition, which must include each reason the clerk determines the
53	53	petition is invalid.
54	54	Sec. 231.304. ADOPTION ELECTION. (a) After receipt of the
55	55	county clerk's determination of a valid petition under Section
56	56	231.303, the commissioners court of the county shall order an
57	57	election on the question of adopting this subchapter to be held on
58	58	the first uniform election date that allows sufficient time to
59	59	comply with any requirements of law.
60	60	(b) Only registered voters residing in a part of the
61	61	unincorporated area of the county that is not subject to a municipal
62	62	zoning ordinance are eligible to vote in the election.
63	63	(c) The ballot for the election must be printed to provide
64	64	for voting for or against the following proposition:
65	65	"Granting authority to the county to adopt zoning and building
66	66	regulations for the unincorporated areas of the county not subject
67	67	to municipal zoning ordinances."
68	68	(d) If a majority of the votes cast in the election favor the
69	69	proposition, the commissioners court shall adopt by order this
70	70	subchapter at the next scheduled meeting of the court.
71	71	Sec. 231.305. AUTHORITY TO REGULATE. (a) The
72	72	commissioners court of a county by order may adopt regulations
73	73	authorized by this subchapter that may be applied in the
74	74	unincorporated areas of the county that are not subject to
75	75	municipal zoning regulations adopted under Chapter 211.
76	76	(b) For an area designated by a county as having historical,
77	77	cultural, or architectural significance, the commissioners court
78	78	may regulate the construction, reconstruction, alteration, or
79	79	razing of buildings or other structures in the area.
80	80	Sec. 231.306. PROHIBITED COUNTY REGULATION. This
81	81	subchapter does not authorize the commissioners court of a county
82	82	to:
83	83	(1) require the removal or destruction of property
84	84	that exists at the time the commissioners court adopts this
85	85	subchapter;
86	86	(2) regulate a billboard or outdoor advertising that
87	87	conflicts with a municipal ordinance or state agency rule;
88	88	(3) regulate for siting or zoning purposes, new
89	89	manufactured or industrialized housing that is constructed to
90	90	preemptive state or federal building standards in a manner that is
91	91	different from site-built housing; or
92	92	(4) regulate the construction, use, design, or
93	93	placement of a public utility building or facility, including a
94	94	central office building used by a person engaged in providing
95	95	telephone services to the public.
96	96	Sec. 231.307. AGRICULTURAL AND RANCHING OPERATIONS. (a)
97	97	In this section, "agricultural or ranching operation" includes:
98	98	(1) cultivation of soil;
99	99	(2) production of crops for human food, animal feed,
100	100	planting seed, or fiber;
101	101	(3) floriculture;
102	102	(4) viticulture;
103	103	(5) horticulture;
104	104	(6) possession of livestock or poultry; and
105	105	(7) use of cover crops or idle land for the purpose of
106	106	participation in a governmental program or normal crop or livestock
107	107	rotation procedure.
108	108	(b) Except as provided by Subsection (c), the commissioners
109	109	court of a county may not restrict the right of a property owner to
110	110	construct an improvement for an agricultural or ranching operation,
111	111	or to otherwise use the property for an agricultural or ranching
112	112	operation.
113	113	(c) A commissioners court may impose a reasonably necessary
114	114	restriction or prohibition on a commercial agricultural or ranching
115	115	operation, including a commercial feed lot, to protect the public
116	116	health, safety, peace, morals, and general welfare from the dangers
117	117	of explosion, flooding, vermin, insects, physical injury,
118	118	contagious disease, contamination of water supplies, radiation,
119	119	storage of toxic materials, or other hazards.
120	120	Sec. 231.308. ZONING REGULATIONS. (a) The commissioners
121	121	court of a county by order may adopt zoning regulations.
122	122	(b) A commissioners court may regulate:
123	123	(1) the height, number of stories, and size of
124	124	buildings and other structures;
125	125	(2) the percentage of a lot that may be occupied or
126	126	developed;
127	127	(3) the size of yards, courts, and other open spaces;
128	128	(4) population density;
129	129	(5) the location, design, construction, extension,
130	130	and size of streets and roads;
131	131	(6) the location and use of buildings, other
132	132	structures, and land for business, industrial, residential, or
133	133	other purposes;
134	134	(7) the location, design, construction, extension,
135	135	size, and regulation of water, wastewater, and drainage facilities,
136	136	including requirements for connecting to a centralized water or
137	137	wastewater system;
138	138	(8) the location, design, and construction of parks,
139	139	playgrounds, and recreational areas; and
140	140	(9) the abatement of harm resulting from inadequate
141	141	water or wastewater facilities.
142	142	(c) In adopting zoning regulations, a commissioners court
143	143	must ensure that the regulations:
144	144	(1) comply with the county's comprehensive plan;
145	145	(2) are coordinated with the comprehensive plans of
146	146	each municipality located in the county;
147	147	(3) are uniform for each class or kind of building in a
148	148	district established under this subchapter, but may vary from
149	149	district to district; and
150	150	(4) are adopted with reasonable consideration for:
151	151	(A) preserving the character of each district and
152	152	its particular suitability for particular uses; and
153	153	(B) conserving the value of buildings and
154	154	encouraging the most appropriate use of land throughout a district.
155	155	Sec. 231.309. DISTRICTS. The commissioners court of a
156	156	county may divide the unincorporated area of the county into
157	157	districts of a number, shape, and size the court considers best for
158	158	implementing this subchapter.
159	159	Sec. 231.310. COMPREHENSIVE PLAN. (a) The commissioners
160	160	court of a county by order shall adopt a comprehensive plan for the
161	161	growth and development of the county.
162	162	(b) A comprehensive plan must be designed to:
163	163	(1) lessen congestion in the county's streets and
164	164	roads;
165	165	(2) secure safety from fire, panic, and other dangers;
166	166	(3) promote health and the general welfare;
167	167	(4) provide adequate light and air;
168	168	(5) prevent the overcrowding of land;
169	169	(6) avoid undue concentration of population;
170	170	(7) facilitate the adequate provision of
171	171	transportation, water, sewers, parks, and other public
172	172	requirements; and
173	173	(8) assist in developing land in the county into
174	174	parks, playgrounds, and recreational areas for the public.
175	175	Sec. 231.311. PLANNING COMMISSION. (a) The commissioners
176	176	court of a county shall appoint a planning commission.
177	177	(b) The planning commission consists of seven members who
178	178	must be county residents. If a county has a park or historic
179	179	commission, the commissioners court may designate the historic
180	180	commission to serve as the planning commission.
181	181	(c) The members of the planning commission shall elect a
182	182	presiding officer from among its members to serve a term set by the
183	183	members. If the presiding officer is absent from a meeting, the
184	184	members of the planning commission may designate a member to serve
185	185	as the acting presiding officer.
186	186	(d) The planning commission may employ a secretary and
187	187	necessary staff.
188	188	(e) A commissioners court shall fill any vacancy on the
189	189	planning commission.
190	190	(f) A member of the planning commission is not entitled to
191	191	compensation but is entitled to reimbursement of expenses actually
192	192	incurred while serving on the planning commission, as provided by
193	193	commissioners court order.
194	194	Sec. 231.312. PLANNING COMMISSION: POWERS AND DUTIES. (a)
195	195	The planning commission of a county established under this
196	196	subchapter shall recommend:
197	197	(1) boundaries for dividing the county into districts
198	198	described by Section 231.309; and
199	199	(2) appropriate zoning regulations for each district.
200	200	(b) A planning commission shall develop a preliminary
201	201	report on its recommendations and hold a public hearing on that
202	202	report before submitting the final report to the commissioners
203	203	court of the county.
204	204	(c) Not later than the 10th day before the hearing date, a
205	205	planning commission shall provide written notice of each public
206	206	hearing before the planning commission on a proposed change in a
207	207	classification in a district to:
208	208	(1) each owner of affected property or the person who
209	209	renders that property for county taxes; and
210	210	(2) each owner of property that is located within 200
211	211	feet of property affected by the change or the person who renders
212	212	that property for county taxes.
213	213	(d) For purposes of Subsection (c), a planning commission is
214	214	considered to have provided notice by depositing the notice, with
215	215	postage paid and a proper address, in the United States mail.
216	216	(e) After the public hearing is held under Subsection (b), a
217	217	planning commission shall develop and submit a written final report
218	218	to the commissioners court.
219	219	Sec. 231.313. PROCEDURES FOR ADOPTING ZONING DISTRICT
220	220	BOUNDARIES AND REGULATIONS. (a) The commissioners court of a
221	221	county may not adopt a zoning district boundary or zoning
222	222	regulation until the court receives the planning commission's final
223	223	report prepared under Section 231.312.
224	224	(b) A commissioners court shall establish procedures for
225	225	adopting zoning district boundaries and zoning regulations. The
226	226	procedures must:
227	227	(1) require the boundary or regulation to be adopted
228	228	by order;
229	229	(2) limit the court's consideration of a boundary or
230	230	regulation to a boundary or regulation recommended by the planning
231	231	commission;
232	232	(3) provide that the boundary or regulation is not
233	233	effective until after a public hearing on the matter at which the
234	234	public has an opportunity to be heard; and
235	235	(4) require notice of the time and place of the hearing
236	236	in a newspaper of general circulation in the county not later than
237	237	the 15th day before the date of the hearing.
238	238	(c) Except as provided by Subsection (f), a commissioners
239	239	court may by majority vote adopt, or adopt with amendment, a zoning
240	240	district boundary or zoning regulation proposed by the planning
241	241	commission.
242	242	(d) A person may protest an amendment by a commissioners
243	243	court to a zoning district boundary or zoning regulation proposed
244	244	by the planning commission by submitting a written protest to the
245	245	court that is signed by the owners of at least 20 percent of:
246	246	(1) the area of the lots covered by the proposed
247	247	change; or
248	248	(2) the property immediately adjacent to the rear of
249	249	the lots covered by the proposed change and extending 200 feet from:
250	250	(A) those lots; or
251	251	(B) the street frontage of the opposite lots.
252	252	(e) After receipt of a protest under Subsection (d), a
253	253	commissioners court shall hold a public hearing for which the court
254	254	provides notice in the manner provided by Subsection (b).
255	255	(f) A commissioners court may adopt with amendment a zoning
256	256	district boundary or zoning regulation proposed by the planning
257	257	commission for which the court receives a protest under Subsection
258	258	(d) only by an affirmative vote of at least three-fourths of all
259	259	members of the court.
260	260	Sec. 231.314. SPECIAL EXCEPTIONS. (a) A person aggrieved
261	261	by a zoning regulation adopted under this subchapter or an officer,
262	262	department, board, or bureau of the county or a municipality in the
263	263	county may petition the commissioners court of the county for a
264	264	special exception to the regulation.
265	265	(b) A commissioners court may grant a special exception to a
266	266	zoning regulation if the court finds that the exception:
267	267	(1) is not contrary to the public interest; and
268	268	(2) would prevent unnecessary hardship from the
269	269	literal enforcement of the regulation.
270	270	(c) A commissioners court shall adopt procedures governing
271	271	applications, notice, hearings, and other matters relating to
272	272	special exceptions.
273	273	Sec. 231.315. ENFORCEMENT. (a) The commissioners court of
274	274	a county may adopt orders to enforce this subchapter or an order
275	275	adopted under this subchapter.
276	276	(b) A person commits an offense if the person violates this
277	277	subchapter or an order adopted under this subchapter. An offense
278	278	under this subsection is a misdemeanor punishable by a fine of not
279	279	less than $500 and not more than $1,000. Each day that a violation
280	280	occurs constitutes a separate offense. An offense must be
281	281	prosecuted in a district court in the county in which the offense
282	282	occurs.
283	283	(c) The appropriate county authority may bring an action
284	284	against the owner of:
285	285	(1) a building or other structure erected,
286	286	constructed, reconstructed, altered, repaired, converted, or
287	287	maintained in violation of this subchapter or an order adopted
288	288	under this subchapter; or
289	289	(2) a building, other structure, or land used in
290	290	violation of this subchapter or an order adopted under this
291	291	subchapter.
292	292	(d) In an action brought under Subsection (c), the county
293	293	may recover:
294	294	(1) injunctive relief to:
295	295	(A) prevent the unlawful action or use;
296	296	(B) restrain, correct, or abate the violation;
297	297	(C) prevent the occupancy of the building, other
298	298	structure, or land that is the subject of the action; or
299	299	(D) prevent any illegal act, conduct, business,
300	300	or use on or about the premises of the property that is the subject
301	301	of the action;
302	302	(2) court costs and attorney's fees incurred in
303	303	bringing the action; and
304	304	(3) other appropriate remedies.
305	305	Sec. 231.316. COOPERATION WITH MUNICIPALITIES. The
306	306	commissioners court of a county by order may enter into an agreement
307	307	with a municipality located in the county to assist in the
308	308	implementation and enforcement of regulations adopted under this
309	309	subchapter.
310	310	Sec. 231.317. CONFLICT WITH OTHER LAW. In the event of a
311	311	conflict between an order adopted under this subchapter and a
312	312	statute or local regulation, the more stringent regulation
313	313	prevails. A more stringent regulation is the regulation that
314	314	imposes a higher standard, including a requirement of:
315	315	(1) a greater width or size of a yard, court, or other
316	316	open space;
317	317	(2) a lower building height or fewer number of stories
318	318	for a building; or
319	319	(3) a greater percentage of a lot to be left
320	320	unoccupied.
321	321	SECTION 2. This Act takes effect September 1, 2023.