83R2376 PAM-F
	By: M. Gonzalez of El Paso	H.B. No. 1130

	A BILL TO BE ENTITLED
	AN ACT
	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.