Texas 2025 - 89th Regular

Texas House Bill HB2265 Compare Versions

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

Old	New	Differences
1	1	89R507 DRS-D
2	2	By: Isaac H.B. No. 2265
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to county land use regulatory authority in certain
10	10	counties; providing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 231, Local Government Code, is amended
13	13	by adding Subchapter N to read as follows:
14	14	SUBCHAPTER N. ZONING IN COMAL COUNTY
15	15	Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The
16	16	legislature finds that:
17	17	(1) parts of Comal County including the area that
18	18	surrounds Canyon Lake and the Guadalupe River are or will be
19	19	frequented for recreational purposes by residents from every part
20	20	of the state;
21	21	(2) orderly development and use of recreational areas
22	22	of the county is of concern to the entire state; and
23	23	(3) without adequate development regulations, the
24	24	county will be developed in ways that put an undue strain on natural
25	25	resources and endanger and interfere with the proper use of
26	26	recreational areas of the county as places of recreation to the
27	27	detriment of public health, safety, peace, morals, and general
28	28	welfare.
29	29	(b) The powers granted under this subchapter are for the
30	30	purpose of:
31	31	(1) promoting public health, safety, peace, morals,
32	32	and general welfare;
33	33	(2) encouraging recreation; and
34	34	(3) safeguarding and preventing the pollution of the
35	35	state's rivers and lakes.
36	36	Sec. 231.302. REGULATING COUNTY; APPLICABILITY. In this
37	37	subchapter, "regulating county" means Comal County, if the
38	38	residents of the county approved the exercise of the regulatory
39	39	authority granted under this subchapter in an election held under
40	40	Section 231.304.
41	41	Sec. 231.303. ZONING REGULATIONS GENERALLY. (a) The
42	42	commissioners court of a regulating county may regulate:
43	43	(1) the height, number of stories, and size of
44	44	buildings and other structures;
45	45	(2) the percentage of a lot that may be occupied by
46	46	buildings and structures;
47	47	(3) the size of yards, courts, and other open spaces;
48	48	(4) population density;
49	49	(5) the location and use of buildings, other
50	50	structures, and land for business, industrial, residential, or
51	51	other purposes;
52	52	(6) the placement of water and sewage facilities,
53	53	parks, and other public requirements;
54	54	(7) the location, design, construction, extension,
55	55	and size of streets and roads; and
56	56	(8) the control, storage, preservation, and
57	57	distribution of storm and flood water.
58	58	(b) The regulatory authority granted under this subchapter
59	59	applies only to the unincorporated areas of a county.
60	60	Sec. 231.304. ELECTION TO APPROVE REGULATORY AUTHORITY
61	61	REQUIRED. (a) The regulatory authority granted under Section
62	62	231.303 is not effective unless it is approved by a majority of the
63	63	county residents voting in an election held under this section. The
64	64	commissioners court shall order the election to be held on a uniform
65	65	election date authorized by Section 41.001, Election Code.
66	66	(b) For an election under this section, the ballot shall be
67	67	prepared to permit voting for or against the proposition:
68	68	"Approving the authority granted to the Commissioners Court of
69	69	(insert name of county) to regulate land development in the
70	70	unincorporated areas of the county (insert description of general
71	71	authority)."
72	72	(c) The regulatory authority approved under this section
73	73	includes the authority of the commissioners court to repeal,
74	74	revise, or amend a regulation of land development adopted under
75	75	this subchapter.
76	76	Sec. 231.305. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning
77	77	regulations must be adopted in accordance with a comprehensive plan
78	78	and must be designed to:
79	79	(1) lessen congestion in the streets and roads;
80	80	(2) secure safety from fire, panic, and other dangers;
81	81	(3) promote health and the general welfare;
82	82	(4) provide adequate light and air;
83	83	(5) prevent the overcrowding of land;
84	84	(6) avoid undue concentration of population;
85	85	(7) facilitate the adequate provision of
86	86	transportation, water, sewers, parks, and other public
87	87	requirements;
88	88	(8) control, store, preserve, and distribute storm and
89	89	flood water; and
90	90	(9) assist in developing the regulated area into
91	91	parks, playgrounds, and recreational areas.
92	92	Sec. 231.306. DISTRICTS. (a) The commissioners court of a
93	93	regulating county may divide the unincorporated area of the county
94	94	into districts of a number, shape, and size the commissioners court
95	95	considers best for administering this subchapter. Within each
96	96	district, the commissioners court may regulate the erection,
97	97	construction, reconstruction, alteration, repair, or use of
98	98	buildings, other structures, or land.
99	99	(b) The zoning regulations must be uniform for each class or
100	100	kind of building in a district, but the regulations may vary from
101	101	district to district. The regulations shall be adopted with
102	102	reasonable consideration for, among other things, the character of
103	103	each district and its peculiar suitability for particular uses,
104	104	with a view of conserving the value of buildings and encouraging the
105	105	most appropriate use of land throughout the area.
106	106	Sec. 231.307. PROCEDURES GOVERNING ADOPTION OF REGULATIONS
107	107	AND DISTRICT BOUNDARIES. (a) The commissioners court of a
108	108	regulating county shall establish procedures for adopting and
109	109	enforcing zoning regulations and zoning district boundaries. A
110	110	regulation or district boundary is not effective until it is
111	111	adopted by the commissioners court after a public hearing on the
112	112	matter at which parties in interest and citizens have an
113	113	opportunity to be heard. Before the 15th day before the date of the
114	114	hearing, the commissioners court must publish notice of the time
115	115	and place of the hearing in a newspaper of general circulation in
116	116	the county.
117	117	(b) If a proposed change to a regulation or district
118	118	boundary is protested in accordance with this subsection, the
119	119	proposed change must receive, in order to take effect, the
120	120	affirmative vote of at least three-fourths of all members of the
121	121	commissioners court. The protest must be written and signed by the
122	122	owners of at least 20 percent of either:
123	123	(1) the area of the lots covered by the proposed
124	124	change; or
125	125	(2) the lots immediately adjacent to the rear of the
126	126	lots covered by the proposed change and extending 200 feet from
127	127	those lots or from the street frontage of the opposite lots.
128	128	Sec. 231.308. ZONING COMMISSION. (a) To exercise the
129	129	powers authorized by this subchapter, the commissioners court of a
130	130	regulating county shall appoint a zoning commission. The
131	131	commission shall recommend boundaries for the original zoning
132	132	districts and appropriate zoning regulations for each district.
133	133	The commission must consist of seven members, each of whom must be a
134	134	resident of the county.
135	135	(b) The commission shall elect a presiding officer from
136	136	among its members. The presiding officer serves in that capacity
137	137	for a term set by the commission. The commission may at any time
138	138	choose for a particular meeting or occasion an acting presiding
139	139	officer as necessary from among its members. The commission may
140	140	employ a secretary and acting secretary and other technical or
141	141	clerical personnel.
142	142	(c) A member of the commission is not entitled to
143	143	compensation but is entitled to expenses actually incurred while
144	144	serving on the commission as provided by order of the commissioners
145	145	court.
146	146	(d) The zoning commission shall make a preliminary report
147	147	and hold public hearings on that report before submitting a final
148	148	report to the commissioners court. The commissioners court may not
149	149	hold a public hearing or take action until it receives the final
150	150	report of the zoning commission.
151	151	(e) Before the 10th day before the hearing date, written
152	152	notice of each public hearing before the zoning commission on a
153	153	proposed change in a zoning classification shall be sent to:
154	154	(1) each owner of affected property or to the person
155	155	who renders the property for county taxes; and
156	156	(2) each owner of property that is located within 200
157	157	feet of property affected by the change or to the person who renders
158	158	the property for county taxes.
159	159	(f) The notice may be served by depositing it in the United
160	160	States mail, postage paid and properly addressed to the address of
161	161	the property owner on file with the county tax assessor-collector.
162	162	Sec. 231.309. BOARD OF ADJUSTMENT. (a) The commissioners
163	163	court of a regulating county may provide for the appointment of a
164	164	board of adjustment. In the zoning regulations adopted under this
165	165	subchapter, the commissioners court may authorize the board of
166	166	adjustment, in appropriate cases and subject to appropriate
167	167	conditions and safeguards, to make special exceptions to the terms
168	168	of the zoning regulations that are consistent with the general
169	169	purpose and intent of the regulations and in accordance with any
170	170	applicable rules contained in the regulations.
171	171	(b) A board of adjustment must consist of five members to be
172	172	appointed for terms of two years. The appointing authority may
173	173	remove a board member for cause on a written charge after a public
174	174	hearing. The appointing authority shall fill a vacancy on the board
175	175	for the unexpired term.
176	176	(c) The board of adjustment shall adopt rules in accordance
177	177	with any order adopted under this subchapter. Meetings of the board
178	178	are held at the call of the presiding officer and at other times as
179	179	determined by the board. The presiding officer or acting presiding
180	180	officer may administer oaths and compel the attendance of
181	181	witnesses. All meetings of the board are open to the public.
182	182	(d) The board of adjustment shall keep minutes of its
183	183	proceedings that indicate the vote of each member on each question
184	184	or indicate that a member is absent or fails to vote. The board
185	185	shall keep records of its examinations and other official actions.
186	186	The minutes and records shall be filed immediately in the board's
187	187	office and are public records.
188	188	Sec. 231.310. AUTHORITY OF BOARD OF ADJUSTMENT. (a) The
189	189	board of adjustment may:
190	190	(1) hear and decide an appeal that alleges error in an
191	191	order, requirement, decision, or determination made by an
192	192	administrative official in the enforcement of this subchapter or a
193	193	zoning regulation;
194	194	(2) hear and decide special exceptions to the terms of
195	195	a zoning regulation when the regulation requires the board to do so;
196	196	and
197	197	(3) authorize in specific cases a variance from the
198	198	terms of a zoning regulation if the variance is not contrary to the
199	199	public interest and, due to special conditions, a literal
200	200	enforcement of the regulation would result in unnecessary hardship,
201	201	and so that the spirit of the regulation is observed and substantial
202	202	justice is done.
203	203	(b) In exercising its authority under Subsection (a)(1),
204	204	the board of adjustment may reverse or affirm, wholly or partly, or
205	205	modify the administrative official's order, requirement, decision,
206	206	or determination from which an appeal is taken and make the correct
207	207	order, requirement, decision, or determination, and for that
208	208	purpose the board has the same authority as the administrative
209	209	official.
210	210	(c) The concurring vote of four members of the board of
211	211	adjustment is necessary to:
212	212	(1) reverse an order, requirement, decision, or
213	213	determination of an administrative official;
214	214	(2) decide in favor of an applicant on a matter on
215	215	which the board is required to pass under a zoning regulation; or
216	216	(3) authorize a variation in a zoning regulation.
217	217	Sec. 231.311. APPEAL TO BOARD OF ADJUSTMENT. (a) Any of
218	218	the following persons may appeal to the board of adjustment a
219	219	decision made by an administrative official:
220	220	(1) a person aggrieved by the decision; or
221	221	(2) an officer, department, board, or bureau of the
222	222	county or of a municipality affected by the decision.
223	223	(b) The appellant must file with the board of adjustment and
224	224	the official from whom the appeal is taken a notice of appeal
225	225	specifying the grounds for the appeal. The appeal must be filed
226	226	within a reasonable time as determined by board rule. On receiving
227	227	the notice, the official from whom the appeal is taken shall
228	228	immediately transmit to the board all the papers constituting the
229	229	record of the action that is appealed.
230	230	(c) An appeal stays all proceedings in furtherance of the
231	231	action that is appealed unless the official from whom the appeal is
232	232	taken certifies in writing to the board of adjustment facts
233	233	supporting the official's opinion that a stay would cause imminent
234	234	peril to life or property. In that case, the proceedings may be
235	235	stayed only by a restraining order granted by the board or a court
236	236	of record on application, after notice to the official, if due cause
237	237	is shown.
238	238	(d) The board of adjustment shall set the date of the appeal
239	239	hearing not later than the 30th day after the date notice of appeal
240	240	is filed and shall give public notice of the hearing and due notice
241	241	to the parties in interest. A party may appear at the appeal
242	242	hearing in person or by agent or attorney. The board shall decide
243	243	the appeal within a reasonable time.
244	244	Sec. 231.312. JUDICIAL REVIEW OF BOARD OF ADJUSTMENT
245	245	DECISION. (a) Any of the following persons may present to a court
246	246	of record a verified petition stating that the decision of the board
247	247	of adjustment is illegal wholly or partly and specifying the
248	248	grounds of the illegality:
249	249	(1) a person aggrieved by a decision of the board;
250	250	(2) a taxpayer; or
251	251	(3) an officer, department, board, or bureau of the
252	252	county or of the municipality.
253	253	(b) The petition must be presented within 10 days after the
254	254	date the decision is filed in the board of adjustment's office.
255	255	(c) On the presentation of the petition, the court may grant
256	256	a writ of certiorari directed to the board of adjustment to review
257	257	the board's decision. The writ must indicate the time within which
258	258	the board's return must be made and served on the petitioner's
259	259	attorney, which must be after 10 days and may be extended by the
260	260	court. Granting of the writ does not stay the proceedings on the
261	261	decision under appeal, but on application and after notice to the
262	262	board, the court may grant a restraining order if due cause is
263	263	shown.
264	264	(d) The board of adjustment's return must be verified and
265	265	must concisely state any pertinent and material facts that show the
266	266	grounds of the decision under appeal. The board is not required to
267	267	return the original documents on which the board acted but may
268	268	return certified or sworn copies of the documents or parts of the
269	269	documents as required by the writ.
270	270	(e) If at the hearing the court determines that testimony is
271	271	necessary for the proper disposition of the matter, it may take
272	272	evidence or appoint a referee to take evidence as directed. The
273	273	referee shall report the evidence to the court with the referee's
274	274	findings of fact and conclusions of law. The referee's report
275	275	constitutes a part of the proceedings on which the court shall make
276	276	its decision.
277	277	(f) The court may reverse or affirm, wholly or partly, or
278	278	modify the decision that is appealed. The court may not assess
279	279	costs against the board of adjustment unless the court determines
280	280	that the board acted with gross negligence, in bad faith, or with
281	281	malice in making its decision.
282	282	Sec. 231.313. SPECIAL EXCEPTION. (a) If the commissioners
283	283	court of a regulating county does not provide for the appointment of
284	284	a board of adjustment under Section 231.309, a person aggrieved by a
285	285	zoning regulation or a zoning district boundary adopted under this
286	286	subchapter may petition the commissioners court.
287	287	(b) The commissioners court shall adopt procedures
288	288	governing applications, notice, hearings, and other matters
289	289	relating to the grant of a special exception.
290	290	Sec. 231.314. ENFORCEMENT; PENALTY; REMEDIES. (a) The
291	291	commissioners court of a regulating county may adopt orders to
292	292	enforce this subchapter, any order adopted under this subchapter,
293	293	or a zoning regulation.
294	294	(b) A person commits an offense if the person violates this
295	295	subchapter, an order adopted under this subchapter, or a zoning
296	296	regulation. An offense under this subsection is a misdemeanor,
297	297	punishable by fine, as provided by the commissioners court. The
298	298	commissioners court may also provide civil penalties for a
299	299	violation.
300	300	(c) If a building or other structure is erected,
301	301	constructed, reconstructed, altered, repaired, converted, or
302	302	maintained or if a building, other structure, or land is used in
303	303	violation of this subchapter, an order adopted under this
304	304	subchapter, or a zoning regulation, the appropriate county
305	305	authority, in addition to other remedies, may institute appropriate
306	306	action to:
307	307	(1) prevent the unlawful erection, construction,
308	308	reconstruction, alteration, repair, conversion, maintenance, or
309	309	use;
310	310	(2) restrain, correct, or abate the violation;
311	311	(3) prevent the occupancy of the building, structure,
312	312	or land; or
313	313	(4) prevent any illegal act, conduct, business, or use
314	314	on or about the premises.
315	315	Sec. 231.315. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If
316	316	a zoning regulation adopted under this subchapter requires a
317	317	greater width or size of a yard, court, or other open space,
318	318	requires a lower building height or fewer stories for a building,
319	319	requires a greater percentage of lot to be left unoccupied, or
320	320	otherwise imposes higher standards than those required under
321	321	another statute or local order or regulation, the regulation
322	322	adopted under this subchapter controls. If the other statute or
323	323	local order or regulation imposes higher standards, that statute,
324	324	order, or regulation controls.
325	325	(b) This subchapter does not authorize the commissioners
326	326	court of a regulating county to require the removal or destruction
327	327	of property that exists at the time the court implements this
328	328	subchapter.
329	329	(c) This subchapter, an order adopted under this
330	330	subchapter, or a zoning regulation does not apply to the location,
331	331	construction, maintenance, or use of central office buildings used
332	332	by a person engaging in providing telephone service to the public or
333	333	equipment used in connection with those buildings or as part of the
334	334	telephone system, as necessary to furnish telephone service to the
335	335	public.
336	336	SECTION 2. This Act takes effect September 1, 2025.