Texas 2025 - 89th Regular

Texas House Bill HB4946 Compare Versions

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

Old	New	Differences
1	1	89R5649 JBD-D
2	2	By: Gerdes H.B. No. 4946
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to county zoning authority for certain counties; creating
10	10	a criminal offense.
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 CERTAIN COUNTIES
15	15	Sec. 231.301. APPLICABILITY OF SUBCHAPTER. This subchapter
16	16	applies only to a county with a population of:
17	17	(1) more than 93,000 and less than 99,000;
18	18	(2) more than 45,000 and less than 46,000;
19	19	(3) more than 24,600 and less than 26,000; or
20	20	(4) more than 17,000 and less than 17,700.
21	21	Sec. 231.302. ADOPTION OF SUBCHAPTER. This subchapter
22	22	applies only to a county for which the commissioners court by order
23	23	adopts this subchapter on the court's own motion or following an
24	24	election as provided by Section 231.304(d).
25	25	Sec. 231.303. PETITION FOR ADOPTION. (a) A person may
26	26	submit a petition to the county clerk of a county to request that
27	27	the county hold an election on the question of adopting this
28	28	subchapter.
29	29	(b) The petition must:
30	30	(1) be signed by a number of registered voters in the
31	31	county that is equal to at least 10 percent of the number of votes
32	32	received by all candidates for governor in the most recent
33	33	gubernatorial general election in the area eligible to vote in the
34	34	election under Section 231.304;
35	35	(2) include each signer's current voter registration
36	36	number, printed name, and residence address, including zip code;
37	37	(3) include a signature date entered by each signer
38	38	next to the signer's signature; and
39	39	(4) include a statement on each page of the petition
40	40	preceding the space for signatures in substantially the following
41	41	form:
42	42	"This petition is to request that an election be held in (name of
43	43	county) to authorize the county to adopt zoning and building
44	44	regulations applicable in the unincorporated areas of the county
45	45	not subject to municipal zoning ordinances."
46	46	(c) A petition signature is not valid if:
47	47	(1) the signer fails to enter the date the signer signs
48	48	the petition; or
49	49	(2) the date is earlier than the 90th day before the
50	50	date the petition is submitted to the county clerk.
51	51	(d) Not later than the 30th day after the date the county
52	52	clerk receives a petition under this section, the clerk shall
53	53	provide a written determination on whether the petition is valid to
54	54	the commissioners court of the county.
55	55	(e) If the county clerk determines the petition is invalid,
56	56	the clerk shall provide written notice to the person submitting the
57	57	petition, which must include each reason the clerk determines the
58	58	petition is invalid.
59	59	Sec. 231.304. ADOPTION ELECTION. (a) After receipt of the
60	60	county clerk's determination of a valid petition under Section
61	61	231.303, the commissioners court of the county shall order an
62	62	election on the question of adopting this subchapter to be held on
63	63	the first uniform election date that allows sufficient time to
64	64	comply with any requirements of law.
65	65	(b) Only registered voters residing in a part of the
66	66	unincorporated area of the county that is not subject to a municipal
67	67	zoning ordinance are eligible to vote in the election.
68	68	(c) The ballot for the election must be printed to provide
69	69	for voting for or against the following proposition:
70	70	"Granting authority to the county to adopt zoning and building
71	71	regulations for the unincorporated areas of the county not subject
72	72	to municipal zoning ordinances."
73	73	(d) If a majority of the votes cast in the election favor the
74	74	proposition, the commissioners court shall adopt by order this
75	75	subchapter at the next scheduled meeting of the court.
76	76	Sec. 231.305. AUTHORITY TO REGULATE. (a) The
77	77	commissioners court of a county by order may adopt regulations
78	78	authorized by this subchapter that may be applied in the
79	79	unincorporated areas of the county that are not subject to
80	80	municipal zoning regulations adopted under Chapter 211.
81	81	(b) For an area designated by the Texas Historical
82	82	Commission as having historical significance, the commissioners
83	83	court may regulate, in accordance with rules adopted by the Texas
84	84	Historical Commission, the construction, reconstruction,
85	85	alteration, or razing of buildings or other structures in the area.
86	86	Sec. 231.306. PROHIBITED COUNTY REGULATION. This
87	87	subchapter does not authorize the commissioners court of a county
88	88	to:
89	89	(1) require the removal or destruction of property
90	90	that exists at the time the commissioners court adopts this
91	91	subchapter;
92	92	(2) regulate a billboard or outdoor advertising that
93	93	conflicts with a municipal ordinance or state agency rule;
94	94	(3) regulate, for siting or zoning purposes, new
95	95	manufactured or industrialized housing that is constructed to
96	96	preemptive state or federal building standards in a manner that is
97	97	different from site-built housing; or
98	98	(4) regulate the construction, use, design, or
99	99	placement of a public utility building or facility, including a
100	100	central office building used by a person engaged in providing
101	101	telephone services to the public.
102	102	Sec. 231.307. AGRICULTURAL AND RANCHING OPERATIONS. (a)
103	103	In this section, "agricultural or ranching operation" includes:
104	104	(1) cultivation of soil;
105	105	(2) production of crops for human food, animal feed,
106	106	planting seed, or fiber;
107	107	(3) floriculture;
108	108	(4) viticulture;
109	109	(5) horticulture;
110	110	(6) possession of livestock or poultry; and
111	111	(7) use of cover crops or idle land for the purpose of
112	112	participation in a governmental program or normal crop or livestock
113	113	rotation procedure.
114	114	(b) Except as provided by Subsection (c), the commissioners
115	115	court of a county may not restrict the right of a property owner to
116	116	construct an improvement for a noncommercial agricultural or
117	117	ranching operation, or to otherwise use the property for a
118	118	noncommercial agricultural or ranching operation.
119	119	(c) A commissioners court may impose a reasonably necessary
120	120	restriction or prohibition on a commercial agricultural or ranching
121	121	operation, including a commercial feed lot, to protect the public
122	122	health, safety, peace, morals, and general welfare from the dangers
123	123	of explosion, flooding, vermin, insects, physical injury,
124	124	contagious disease, contamination of water supplies, radiation,
125	125	storage of toxic materials, or other hazards.
126	126	Sec. 231.308. ZONING REGULATIONS. (a) The commissioners
127	127	court of a county by order may adopt zoning regulations.
128	128	(b) A commissioners court may regulate:
129	129	(1) population density;
130	130	(2) the location and use of buildings, other
131	131	structures, and land for business, industrial, residential, or
132	132	other purposes;
133	133	(3) the location, design, construction, extension,
134	134	size, and regulation of water, wastewater, and drainage facilities,
135	135	including requirements for connecting to a centralized water or
136	136	wastewater system; and
137	137	(4) the abatement of harm resulting from inadequate
138	138	water or wastewater facilities.
139	139	(c) In adopting zoning regulations, a commissioners court
140	140	must ensure that the regulations:
141	141	(1) comply with the county's comprehensive plan;
142	142	(2) are coordinated with the comprehensive plans of
143	143	each municipality located in the county;
144	144	(3) are uniform for each class or kind of building in a
145	145	district established under this subchapter, but may vary from
146	146	district to district; and
147	147	(4) are adopted with reasonable consideration for:
148	148	(A) preserving the character of each district and
149	149	its particular suitability for particular uses; and
150	150	(B) conserving the value of buildings and
151	151	encouraging the most appropriate use of land throughout a district.
152	152	Sec. 231.309. DISTRICTS. The commissioners court of a
153	153	county may divide the unincorporated area of the county into
154	154	districts of a number, shape, and size the court considers best for
155	155	implementing this subchapter.
156	156	Sec. 231.310. COMPREHENSIVE PLAN. (a) The commissioners
157	157	court of a county by order shall adopt a comprehensive plan for the
158	158	growth and development of the county.
159	159	(b) A comprehensive plan must be designed to:
160	160	(1) lessen congestion in the county's streets and
161	161	roads;
162	162	(2) secure safety from fire, panic, and other dangers;
163	163	(3) promote health and the general welfare;
164	164	(4) provide adequate light and air;
165	165	(5) prevent the overcrowding of land;
166	166	(6) avoid undue concentration of population;
167	167	(7) facilitate the adequate provision of
168	168	transportation, water, sewers, parks, and other public
169	169	requirements; and
170	170	(8) assist in developing land in the county into
171	171	parks, playgrounds, and recreational areas for the public.
172	172	Sec. 231.311. PLANNING COMMISSION. (a) The commissioners
173	173	court of a county shall appoint a planning commission.
174	174	(b) The planning commission consists of seven members who
175	175	must be county residents. If a county has a park or historic
176	176	commission, the commissioners court may designate the historic
177	177	commission to serve as the planning commission.
178	178	(c) The members of the planning commission shall elect a
179	179	presiding officer from among its members to serve a term set by the
180	180	members. If the presiding officer is absent from a meeting, the
181	181	members of the planning commission may designate a member to serve
182	182	as the acting presiding officer.
183	183	(d) The planning commission may employ a secretary and
184	184	necessary staff.
185	185	(e) A commissioners court shall fill any vacancy on the
186	186	planning commission.
187	187	(f) A member of the planning commission is not entitled to
188	188	compensation but may receive reimbursement of expenses actually
189	189	incurred while serving on the planning commission, as provided by
190	190	commissioners court order.
191	191	Sec. 231.312. PLANNING COMMISSION: POWERS AND DUTIES. (a)
192	192	The planning commission of a county established under this
193	193	subchapter shall recommend:
194	194	(1) boundaries for dividing the county into districts
195	195	described by Section 231.309; and
196	196	(2) appropriate zoning regulations for each district.
197	197	(b) A planning commission shall develop a preliminary
198	198	report on its recommendations and hold a public hearing on that
199	199	report before submitting the final report to the commissioners
200	200	court of the county.
201	201	(c) Not later than the 10th day before the hearing date, a
202	202	planning commission shall provide written notice of each public
203	203	hearing before the planning commission on a proposed change in a
204	204	classification in a district to:
205	205	(1) each owner of affected property or the person who
206	206	renders that property for county taxes; and
207	207	(2) each owner of property that is located within 200
208	208	feet of property affected by the change or the person who renders
209	209	that property for county taxes.
210	210	(d) For purposes of Subsection (c), a planning commission is
211	211	considered to have provided notice by depositing the notice, with
212	212	postage paid and a proper address, in the United States mail.
213	213	(e) After the public hearing is held under Subsection (b), a
214	214	planning commission shall develop and submit a written final report
215	215	to the commissioners court.
216	216	Sec. 231.313. PROCEDURES FOR ADOPTING ZONING DISTRICT
217	217	BOUNDARIES AND REGULATIONS. (a) The commissioners court of a
218	218	county may not adopt a zoning district boundary or zoning
219	219	regulation until the court receives the planning commission's final
220	220	report prepared under Section 231.312.
221	221	(b) A commissioners court shall establish procedures for
222	222	adopting zoning district boundaries and zoning regulations. The
223	223	procedures must:
224	224	(1) require the boundary or regulation to be adopted
225	225	by order;
226	226	(2) limit the court's consideration of a boundary or
227	227	regulation to a boundary or regulation recommended by the planning
228	228	commission;
229	229	(3) provide that the boundary or regulation is not
230	230	effective until after a public hearing on the matter at which the
231	231	public has an opportunity to be heard; and
232	232	(4) require notice of the time and place of the hearing
233	233	in a newspaper of general circulation in the county not later than
234	234	the 15th day before the date of the hearing.
235	235	(c) Except as provided by Subsection (f), a commissioners
236	236	court may by majority vote adopt, or adopt with amendment, a zoning
237	237	district boundary or zoning regulation proposed by the planning
238	238	commission.
239	239	(d) A person may protest an amendment by a commissioners
240	240	court to a zoning district boundary or zoning regulation proposed
241	241	by the planning commission by submitting a written protest to the
242	242	court that is signed by the owners of at least 20 percent of:
243	243	(1) the area of the lots covered by the proposed
244	244	change; or
245	245	(2) the property immediately adjacent to the rear of
246	246	the lots covered by the proposed change and extending 200 feet from:
247	247	(A) those lots; or
248	248	(B) the street frontage of the opposite lots.
249	249	(e) After receipt of a protest under Subsection (d), a
250	250	commissioners court shall hold a public hearing for which the court
251	251	provides notice in the manner provided by Subsection (b).
252	252	(f) A commissioners court may adopt with amendment a zoning
253	253	district boundary or zoning regulation proposed by the planning
254	254	commission for which the court receives a protest under Subsection
255	255	(d) only by an affirmative vote of at least three-fourths of all
256	256	members of the court.
257	257	Sec. 231.314. SPECIAL EXCEPTIONS. (a) A person aggrieved
258	258	by a zoning regulation adopted under this subchapter or an officer,
259	259	department, board, or bureau of the county or a municipality in the
260	260	county may petition the commissioners court of the county for a
261	261	special exception to the regulation.
262	262	(b) A commissioners court may grant a special exception to a
263	263	zoning regulation if the court finds that the exception:
264	264	(1) is not contrary to the public interest; and
265	265	(2) would prevent unnecessary hardship from the
266	266	literal enforcement of the regulation.
267	267	(c) A commissioners court shall adopt procedures governing
268	268	applications, notice, hearings, and other matters relating to
269	269	special exceptions.
270	270	Sec. 231.315. ENFORCEMENT. (a) The commissioners court of
271	271	a county may adopt orders to enforce this subchapter or an order
272	272	adopted under this subchapter.
273	273	(b) A person commits an offense if the person violates this
274	274	subchapter or an order adopted under this subchapter. An offense
275	275	under this subsection is a misdemeanor punishable by a fine of not
276	276	less than $500 and not more than $1,000. Each day that a violation
277	277	occurs without an effort to remedy the violation constitutes a
278	278	separate offense. An offense must be prosecuted in a district court
279	279	in the county in which the offense occurs.
280	280	(c) The appropriate county authority may bring an action
281	281	against the owner of:
282	282	(1) a building or other structure erected,
283	283	constructed, reconstructed, altered, repaired, converted, or
284	284	maintained in violation of this subchapter or an order adopted
285	285	under this subchapter; or
286	286	(2) a building, other structure, or land used in
287	287	violation of this subchapter or an order adopted under this
288	288	subchapter.
289	289	(d) In an action brought under Subsection (c), the county
290	290	may recover:
291	291	(1) injunctive relief to:
292	292	(A) prevent the unlawful action or use;
293	293	(B) restrain, correct, or abate the violation;
294	294	(C) prevent the occupancy of the building, other
295	295	structure, or land that is the subject of the action; or
296	296	(D) prevent any illegal act, conduct, business,
297	297	or use on or about the premises of the property that is the subject
298	298	of the action;
299	299	(2) court costs and attorney's fees incurred in
300	300	bringing the action; and
301	301	(3) other appropriate remedies.
302	302	Sec. 231.316. COOPERATION WITH MUNICIPALITIES. The
303	303	commissioners court of a county by order may enter into an agreement
304	304	with a municipality located in the county to assist in the
305	305	implementation and enforcement of regulations adopted under this
306	306	subchapter.
307	307	Sec. 231.317. CONFLICT WITH OTHER LAW. In the event of a
308	308	conflict between an order adopted under this subchapter and a
309	309	statute or local regulation, the more stringent regulation
310	310	prevails. A more stringent regulation is the regulation that
311	311	imposes a higher standard, including a requirement of:
312	312	(1) a greater width or size of a yard, court, or other
313	313	open space;
314	314	(2) a lower building height or fewer number of stories
315	315	for a building; or
316	316	(3) a greater percentage of a lot to be left
317	317	unoccupied.
318	318	SECTION 2. This Act takes effect September 1, 2025.