Bill Text: TX HB1130 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to development regulations for certain unincorporated areas located near the Tornillo-Guadalupe Port of Entry; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - Comm. report sent to Local & Consent Calendar [HB1130 Detail]
Download: Texas-2013-HB1130-Introduced.html
Bill Title: Relating to development regulations for certain unincorporated areas located near the Tornillo-Guadalupe Port of Entry; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - Comm. report sent to Local & Consent Calendar [HB1130 Detail]
Download: Texas-2013-HB1130-Introduced.html
83R2376 PAM-F | ||
By: M. Gonzalez of El Paso | H.B. No. 1130 |
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relating to development regulations for certain unincorporated | ||
areas located near the Tornillo-Guadalupe Port of Entry; providing | ||
a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 231, Local Government Code, is amended | ||
by adding Subchapter M to read as follows: | ||
SUBCHAPTER M. DEVELOPMENT REGULATIONS AROUND THE | ||
TORNILLO-GUADALUPE PORT OF ENTRY | ||
Sec. 231.271. LEGISLATIVE FINDINGS; PURPOSE. (a) The | ||
legislature finds that: | ||
(1) the Tornillo-Guadalupe Port of Entry will be one | ||
of the largest on the international border between the United | ||
States and the United Mexican States; | ||
(2) the Tornillo-Guadalupe Port of Entry is essential | ||
to: | ||
(A) relieving congestion associated with other | ||
crossing points on the international border; and | ||
(B) facilitating trade between the United States | ||
and the United Mexican States and between this state and the United | ||
Mexican States; | ||
(3) the Tornillo-Guadalupe Port of Entry and the | ||
surrounding area located in El Paso County will be used by residents | ||
from many parts of the state and the nation; | ||
(4) the orderly development and use of the area | ||
surrounding the Tornillo-Guadalupe Port of Entry is of concern to | ||
the entire state; and | ||
(5) without adequate development regulations, the | ||
corridor will tend to become congested and to be used in a manner | ||
that interferes with achieving the goals of the Tornillo-Guadalupe | ||
Port of Entry described by Subdivision (2). | ||
(b) The powers granted under this subchapter are for the | ||
purpose of: | ||
(1) promoting the public health, safety, peace, | ||
morals, and general welfare; and | ||
(2) encouraging the use of the area to facilitate | ||
trade between the United States and the United Mexican States and | ||
between this state and the United Mexican States. | ||
Sec. 231.272. AREA SUBJECT TO REGULATION. This subchapter | ||
applies only to the unincorporated area of El Paso County that is | ||
bounded on: | ||
(1) the west by the international border; | ||
(2) the south by the boundary of Hudspeth County; | ||
(3) the east by a line located one mile east of | ||
Interstate Highway 10; and | ||
(4) the north by the boundary of the City of Socorro | ||
and a line extending east from the southeastern boundary point of | ||
the City of Socorro on Darrington Road to a point one mile east of | ||
Interstate Highway 10. | ||
Sec. 231.273. DEVELOPMENT REGULATIONS GENERALLY. The | ||
Commissioners Court of El Paso County may regulate in the area | ||
described by Section 231.272: | ||
(1) the height, number of stories, and size of | ||
buildings or other structures; | ||
(2) the percentage of a lot that may be occupied or | ||
developed; | ||
(3) the size of yards, courts, and other open spaces; | ||
(4) population density; | ||
(5) the location and use of buildings, other | ||
structures, and land for business, industrial, residential, or | ||
other purposes; | ||
(6) the standards applying to the construction, | ||
reconstruction, alteration, or razing of buildings or other | ||
structures; | ||
(7) the location, size, and other characteristics of | ||
signs; | ||
(8) the location, design, construction, extension, | ||
and size of water and sewage facilities, drainage facilities, and | ||
other required public facilities; | ||
(9) the abatement of harm from inadequate facilities | ||
described by Subdivision (8); and | ||
(10) the location, design, and construction of parks, | ||
playgrounds, and recreational areas. | ||
Sec. 231.274. COMPLIANCE WITH COMPREHENSIVE PLAN. The | ||
regulations must be adopted in accordance with a comprehensive plan | ||
and must be designed to: | ||
(1) lessen congestion in the streets and roads; | ||
(2) secure safety from fire, panic, and other dangers; | ||
(3) promote health and the general welfare; | ||
(4) provide adequate light and air; | ||
(5) prevent the overcrowding of land; | ||
(6) avoid undue concentration of population; or | ||
(7) facilitate the adequate provision of | ||
transportation, water, sewers, parks, and other public | ||
requirements. | ||
Sec. 231.275. DISTRICTS. (a) The commissioners court may | ||
divide the area described by Section 231.272 into districts of a | ||
number, shape, and size the commissioners court considers best for | ||
carrying out this subchapter. Within each district, the | ||
commissioners court may regulate development as provided by Section | ||
231.273. | ||
(b) The regulations must be uniform for each class or kind | ||
of building in a district, but the regulations may vary from | ||
district to district. The regulations shall be adopted with | ||
reasonable consideration for, among other things, the character of | ||
each district and its peculiar suitability for particular uses, | ||
with a view of conserving the value of buildings, protecting | ||
historic landmarks and structures, and encouraging the most | ||
appropriate use of land throughout the area. | ||
Sec. 231.276. COMMISSION. (a) To exercise the powers | ||
authorized by this subchapter, the commissioners court shall | ||
appoint a commission. The commission shall recommend boundaries | ||
for the original districts and appropriate regulations for each | ||
district. Unless the commissioners court makes a designation under | ||
Subsection (e), the commission is composed of five members | ||
appointed as follows: | ||
(1) one member appointed by each county commissioner; | ||
and | ||
(2) one member appointed by the county judge. | ||
(b) The members of a commission appointed under Subsection | ||
(a) are appointed for two-year terms that expire February 1 of each | ||
odd-numbered year, except as provided by this subsection. The | ||
terms of the initial members of the commission appointed under | ||
Subsection (a) expire on February 1 of the first February in an | ||
odd-numbered year following their appointment. A vacancy in the | ||
commission is filled in the same manner as the original | ||
appointment. | ||
(c) The commission shall elect a presiding officer from | ||
among its members. The presiding officer serves in that capacity | ||
for a term set by the commission. The commission may at any time | ||
choose for a particular meeting or occasion an acting presiding | ||
officer as necessary from among its members. The commission may | ||
employ a secretary, an acting secretary, and other technical or | ||
clerical personnel. | ||
(d) A member of the commission is not entitled to | ||
compensation but is entitled to expenses actually incurred while | ||
serving on the commission as provided by order of the commissioners | ||
court. | ||
(e) If the county has a planning commission or historic | ||
commission, the commissioners court may designate either of those | ||
commissions to serve as the commission required by this section. | ||
Sec. 231.277. COMMISSION REPORT; HEARING. (a) The | ||
commission shall make a preliminary report regarding | ||
recommendations under Section 231.276(a) and hold public hearings | ||
on that report before submitting a final report to the | ||
commissioners court. The commissioners court may not hold a public | ||
hearing or take final action until it has received the final report | ||
of the commission. | ||
(b) Before the 10th day before the hearing date, written | ||
notice of each public hearing before the commission on a proposed | ||
change in a classification in the district shall be sent to: | ||
(1) each owner of affected property or to the person | ||
who renders the property for county taxes; and | ||
(2) each owner of property that is located within 200 | ||
feet of property affected by the change or to the person who renders | ||
the property for county taxes. | ||
(c) The notice may be served by depositing it, postage paid | ||
and properly addressed, in the United States mail. | ||
Sec. 231.278. PROCEDURES GOVERNING ADOPTION OF REGULATIONS | ||
AND DISTRICT BOUNDARIES. (a) The commissioners court shall | ||
establish procedures for adopting and enforcing regulations and | ||
district boundaries. A regulation or district boundary is not | ||
effective until it is adopted by the commissioners court after a | ||
public hearing on the matter at which parties in interest and | ||
citizens have an opportunity to be heard. Before the 15th day | ||
before the date of the hearing, the commissioners court must | ||
publish notice of the hearing in a newspaper of general circulation | ||
in the county. | ||
(b) The commissioners court may amend or reject a regulation | ||
or boundary proposed by the commission: | ||
(1) by a majority vote if no protest is made under | ||
Subsection (c); or | ||
(2) by an affirmative vote of at least four members of | ||
the commissioners court if a protest is made under Subsection (c). | ||
(c) A protest to a proposed change to a regulation or | ||
boundary must be written and signed by the owners of at least 20 | ||
percent of: | ||
(1) the area of the lots or land covered by the | ||
proposed change; or | ||
(2) the area of the lots or land immediately adjoining | ||
the area covered by the proposed change and extending 200 feet from | ||
that area. | ||
(d) After the commissioners court receives a protest, the | ||
court shall hold a public hearing. The court shall publish notice | ||
in the manner provided by Subsection (a). | ||
Sec. 231.279. BOARD OF ADJUSTMENT. (a) The commissioners | ||
court may provide for the appointment of a board of adjustment. In | ||
regulations adopted under this subchapter, the commissioners court | ||
may authorize the board of adjustment, in appropriate cases and | ||
subject to appropriate conditions and safeguards, to make special | ||
exceptions to the terms of the regulations that are consistent with | ||
the general purpose and intent of the regulations and in accordance | ||
with any applicable rules contained in the regulations. | ||
(b) A board of adjustment must consist of five members to be | ||
appointed for staggered terms of two years. The appointing | ||
authority may remove a board member for cause on a written charge | ||
after a public hearing. The appointing authority shall fill a | ||
vacancy on the board for the unexpired term. | ||
(c) The board shall adopt rules in accordance with any order | ||
adopted under this subchapter. Meetings of the board are held at | ||
the call of the presiding officer and at other times as determined | ||
by the board. The presiding officer or acting presiding officer may | ||
administer oaths and compel the attendance of witnesses. All | ||
meetings of the board shall be open to the public. | ||
(d) The board shall keep minutes of its proceedings that | ||
indicate the vote of each member on each question or indicate that a | ||
member is absent or fails to vote. The board shall keep records of | ||
its examinations and other official actions. The minutes and | ||
records shall be filed immediately in the board's office and are | ||
public records. | ||
Sec. 231.280. AUTHORITY OF BOARD. (a) The board of | ||
adjustment may: | ||
(1) hear and decide an appeal that alleges error in an | ||
order, requirement, decision, or determination made by an | ||
administrative official in the enforcement of this subchapter or a | ||
regulation adopted under this subchapter; | ||
(2) hear and decide special exceptions to the terms of | ||
a regulation adopted under this subchapter when the regulation | ||
requires the board to do so; and | ||
(3) authorize in specific cases a variance from the | ||
terms of a regulation adopted under this subchapter if: | ||
(A) the variance is not contrary to the public | ||
interest; | ||
(B) a literal enforcement of the regulation, due | ||
to special conditions, would result in unnecessary hardship; and | ||
(C) the granting of the variance would allow the | ||
spirit of the regulation to be observed and substantial justice to | ||
be done. | ||
(b) In exercising its authority under Subsection (a)(1), | ||
the board may reverse or affirm, in whole or in part, or modify the | ||
administrative official's order, requirement, decision, or | ||
determination from which an appeal is taken and make the correct | ||
order, requirement, decision, or determination, and for that | ||
purpose the board has the same authority as the administrative | ||
official. | ||
(c) The concurring vote of four members of the board is | ||
necessary to: | ||
(1) reverse an order, requirement, decision, or | ||
determination of an administrative official; | ||
(2) decide in favor of an applicant on a matter on | ||
which the board is required to pass under a regulation adopted under | ||
this subchapter; or | ||
(3) authorize a variance in a regulation adopted under | ||
this subchapter. | ||
Sec. 231.281. APPEAL TO BOARD. (a) Any of the following | ||
persons may appeal to the board of adjustment a decision made by an | ||
administrative official: | ||
(1) a person aggrieved by the decision; or | ||
(2) any officer, department, board, or bureau of the | ||
county or of a municipality affected by the decision. | ||
(b) The appellant must file with the board and the official | ||
from whom the appeal is taken a notice of appeal specifying the | ||
grounds for the appeal. The appeal must be filed within a | ||
reasonable time as determined by board rule. On receiving the | ||
notice, the official from whom the appeal is taken shall | ||
immediately transmit to the board all the papers constituting the | ||
record of the action that is appealed. | ||
(c) An appeal stays all proceedings in furtherance of the | ||
action that is appealed unless the official from whom the appeal is | ||
taken certifies in writing to the board facts supporting the | ||
official's opinion that a stay would cause imminent peril to life or | ||
property. In that case, the proceedings may be stayed only by a | ||
restraining order granted by the board or a court of record on | ||
application, after notice to the official, if due cause is shown. | ||
(d) The board shall set a reasonable time for the appeal | ||
hearing and shall give public notice of the hearing and due notice | ||
to the parties in interest. A party may appear at the appeal | ||
hearing in person or by agent or attorney. The board shall decide | ||
the appeal within a reasonable time. | ||
Sec. 231.282. JUDICIAL REVIEW OF BOARD DECISION. (a) Any | ||
of the following persons may present to a court of record a verified | ||
petition stating that the decision of the board of adjustment is | ||
illegal in whole or in part and specifying the grounds of the | ||
illegality: | ||
(1) a person aggrieved by a decision of the board; | ||
(2) a taxpayer; or | ||
(3) an officer, department, board, or bureau of the | ||
county or of the municipality affected by the decision. | ||
(b) The petition must be presented within 10 days after the | ||
date the decision is filed in the board's office. | ||
(c) On the presentation of the petition, the court may grant | ||
a writ of certiorari directed to the board to review the board's | ||
decision. The writ must indicate the period within which the | ||
board's reply must be made and served on the petitioner's attorney, | ||
which must be after the 10th day after the date the petition is | ||
presented to the board under Subsection (b). The court may extend | ||
the period for reply described by this subsection. A grant of the | ||
writ does not stay the proceedings on the decision under appeal. On | ||
application and after notice to the board, the court may grant a | ||
restraining order if due cause is shown. | ||
(d) The board's reply must be verified and must concisely | ||
state any pertinent and material facts that show the grounds of the | ||
decision under appeal. The board is not required to return the | ||
original documents on which the board acted but may return | ||
certified or sworn copies of the documents or parts of the documents | ||
as required by the writ. | ||
(e) If at the hearing the court determines that testimony is | ||
necessary for the proper disposition of the matter, the court may | ||
take evidence or appoint a referee to take evidence as directed. | ||
The referee shall report the evidence to the court with the | ||
referee's findings of fact and conclusions of law. The referee's | ||
report constitutes a part of the proceedings on which the court | ||
shall make its decision. | ||
(f) The court may reverse or affirm, in whole or in part, or | ||
modify the decision that is appealed. The court may not assess | ||
costs against the board unless the court determines that the board | ||
acted with gross negligence, in bad faith, or with malice in making | ||
its decision. | ||
Sec. 231.283. ENFORCEMENT; PENALTY; REMEDIES. (a) The | ||
commissioners court may adopt orders to enforce this subchapter or | ||
an order or a regulation adopted under this subchapter. | ||
(b) A person commits an offense if the person violates this | ||
subchapter or an order or a regulation adopted under this | ||
subchapter. An offense under this subsection is a Class B | ||
misdemeanor. Each day that a violation occurs constitutes a | ||
separate offense. Trial shall be in a county court. | ||
(c) A person who violates this subchapter or an order or a | ||
regulation adopted under this subchapter is liable to the county | ||
for a civil penalty in an amount not to exceed $1,000 for each day | ||
the violation exists. The appropriate attorney representing the | ||
county in civil actions may file a civil action in court to recover | ||
the civil penalty. If the attorney for the county prevails in the | ||
civil action, the person shall reimburse the attorney for the costs | ||
of the civil action, including court costs and attorney's fees. In | ||
determining the amount of the penalty, the court shall consider the | ||
seriousness of the violation. A penalty recovered under this | ||
subsection shall be deposited in the county treasury to the credit | ||
of the general fund. | ||
(d) If a building or other structure is erected, | ||
constructed, reconstructed, altered, repaired, converted, razed, | ||
or maintained or if a building, other structure, or land is used in | ||
violation of this subchapter or an order or a regulation adopted | ||
under this subchapter, the appropriate county authority, in | ||
addition to other remedies, may institute appropriate action to: | ||
(1) prevent or remove the unlawful action or use, | ||
including an unlawful erection, construction, reconstruction, | ||
alteration, repair, conversion, razing, or maintenance; | ||
(2) enjoin, restrain, correct, or abate the violation; | ||
(3) prevent the occupancy of the building, structure, | ||
or land; or | ||
(4) prevent any illegal act, conduct, business, or use | ||
on or about the premises. | ||
Sec. 231.284. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If | ||
a regulation adopted under this subchapter imposes a more stringent | ||
standard than a standard required under another statute or local | ||
order or regulation, the regulation adopted under this subchapter | ||
controls. If the other statute or local order or regulation imposes | ||
a more stringent standard, that statute, order, or regulation | ||
controls. | ||
(b) The commissioners court may require the removal, | ||
destruction, or change of any structure or use of any property that | ||
does not conform to an order or a regulation adopted under this | ||
subchapter only if: | ||
(1) the court permits the owner's investment in the | ||
structure or property to be amortized over a period determined by | ||
the court; or | ||
(2) the court determines the nonconforming structure | ||
or property has been permanently abandoned. | ||
(c) This subchapter or an order or a regulation adopted | ||
under this subchapter does not apply to the location, construction, | ||
maintenance, or use of central office buildings or equipment used | ||
by a person engaged in providing telephone service to the public. | ||
(d) This subchapter does not authorize the commissioners | ||
court to: | ||
(1) require the removal or destruction of property | ||
that exists at the time the court implements this subchapter; or | ||
(2) restrict the right of a landowner, acting on the | ||
owner's behalf, to construct improvements for agriculture and | ||
ranching operations or to otherwise use the land for agriculture | ||
and ranching operations. | ||
(e) For purposes of Subsection (d)(2), "agriculture and | ||
ranching operations" includes: | ||
(1) cultivating the soil; | ||
(2) producing crops for human food, animal feed, | ||
planting seed, or fiber; | ||
(3) floriculture, viticulture, or horticulture; | ||
(4) raising or keeping livestock or poultry; or | ||
(5) planting cover crops or leaving land idle for the | ||
purpose of participating in any governmental program or normal crop | ||
or livestock rotation procedure. | ||
(f) The commissioners court may take actions under | ||
Subsection (d)(2) to restrict or prohibit any commercial | ||
agricultural enterprise, such as a commercial feed lot, that are | ||
reasonably necessary to protect the public health, safety, peace, | ||
morals, and general welfare from the dangers of explosion, | ||
flooding, vermin, insects, physical injury, contagious disease, | ||
contamination of water supplies, radiation, storage of toxic | ||
materials, or other hazards. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |