| 1 | 1 | | 89R13094 JBD-F |
|---|
| 2 | 2 | | By: McLaughlin H.B. No. 3578 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the authority of a county that borders the United |
|---|
| 10 | 10 | | Mexican States to regulate residential land use; creating a |
|---|
| 11 | 11 | | criminal offense. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Chapter 231, Local Government Code, is amended |
|---|
| 14 | 14 | | by adding Subchapter N to read as follows: |
|---|
| 15 | 15 | | SUBCHAPTER N. ZONING ON BORDER WITH UNITED MEXICAN STATES |
|---|
| 16 | 16 | | Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
|---|
| 17 | 17 | | legislature finds that the counties that border the United Mexican |
|---|
| 18 | 18 | | States face unique challenges because of their geographic location |
|---|
| 19 | 19 | | and population dynamics. |
|---|
| 20 | 20 | | (b) The powers granted under this subchapter are for the |
|---|
| 21 | 21 | | purpose of promoting orderly development, protecting public health |
|---|
| 22 | 22 | | and safety, and enhancing quality of life. |
|---|
| 23 | 23 | | Sec. 231.302. APPLICABILITY. This subchapter applies only |
|---|
| 24 | 24 | | to a county that borders the United Mexican States. |
|---|
| 25 | 25 | | Sec. 231.303. AREAS SUBJECT TO REGULATION. An order |
|---|
| 26 | 26 | | adopted under this subchapter applies only to an area that: |
|---|
| 27 | 27 | | (1) is in the unincorporated area of a county; and |
|---|
| 28 | 28 | | (2) has more than two dwelling units per acre. |
|---|
| 29 | 29 | | Sec. 231.304. ZONING REGULATIONS GENERALLY. The |
|---|
| 30 | 30 | | commissioners court of a county by order may adopt zoning |
|---|
| 31 | 31 | | regulations that regulate: |
|---|
| 32 | 32 | | (1) the size or height of a building; |
|---|
| 33 | 33 | | (2) the percentage of a lot that may be occupied or |
|---|
| 34 | 34 | | developed; |
|---|
| 35 | 35 | | (3) the number of dwelling units per acre; |
|---|
| 36 | 36 | | (4) the size of a setback or open space; and |
|---|
| 37 | 37 | | (5) the location, design, construction, extension, |
|---|
| 38 | 38 | | size, and installation of utilities, roads, and other essential |
|---|
| 39 | 39 | | services. |
|---|
| 40 | 40 | | Sec. 231.305. DISTRICTS. (a) The commissioners court of a |
|---|
| 41 | 41 | | county by order may divide the county into districts of a number, |
|---|
| 42 | 42 | | shape, and size the court considers best for carrying out this |
|---|
| 43 | 43 | | subchapter. |
|---|
| 44 | 44 | | (b) The commissioners court of a county may adopt zoning |
|---|
| 45 | 45 | | regulations that vary from district to district. |
|---|
| 46 | 46 | | Sec. 231.306. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. |
|---|
| 47 | 47 | | (a) The commissioners court of a county may not adopt an order |
|---|
| 48 | 48 | | under this subchapter until after a public hearing is held where the |
|---|
| 49 | 49 | | public is given the opportunity to be heard on the question of |
|---|
| 50 | 50 | | adopting the order. Before the 15th day before the date of the |
|---|
| 51 | 51 | | hearing, the commissioners court must publish notice of the hearing |
|---|
| 52 | 52 | | in a newspaper of general circulation in the county. |
|---|
| 53 | 53 | | (b) The commissioners court of a county may adopt or amend a |
|---|
| 54 | 54 | | regulation or boundary under this subchapter only by an order |
|---|
| 55 | 55 | | passed by a majority vote of the full membership of the court. |
|---|
| 56 | 56 | | (c) If a proposed change to a regulation or boundary is |
|---|
| 57 | 57 | | protested in accordance with this subsection, the proposed change |
|---|
| 58 | 58 | | must receive, in order to take effect, the affirmative vote of at |
|---|
| 59 | 59 | | least three-fourths of all members of the commissioners court |
|---|
| 60 | 60 | | proposing the change. The protest must be written and signed by the |
|---|
| 61 | 61 | | owners of at least 20 percent of the area covered by the proposed |
|---|
| 62 | 62 | | change. |
|---|
| 63 | 63 | | Sec. 231.307. ENFORCEMENT; PENALTY. (a) The commissioners |
|---|
| 64 | 64 | | court of a county by order may provide for the enforcement of this |
|---|
| 65 | 65 | | subchapter or an order or regulation adopted under this subchapter. |
|---|
| 66 | 66 | | (b) A person commits an offense if the person violates this |
|---|
| 67 | 67 | | subchapter or an order or regulation adopted under this subchapter. |
|---|
| 68 | 68 | | An offense under this subsection is a misdemeanor punishable by a |
|---|
| 69 | 69 | | fine of not less than $500 or more than $1,000. Each day that a |
|---|
| 70 | 70 | | violation occurs constitutes a separate offense. Trial shall be in |
|---|
| 71 | 71 | | the justice court. |
|---|
| 72 | 72 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|