Bill Text: TX HB3398 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to county zoning authority for counties adjacent to populous counties; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-15 - Referred to Land & Resource Management [HB3398 Detail]

Download: Texas-2023-HB3398-Introduced.html

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88R10360 SCL-D
By: Gerdes H.B. No. 3398

A BILL TO BE ENTITLED
AN ACT
relating to county zoning authority for counties adjacent to
populous counties; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. ZONING IN COUNTIES ADJACENT TO POPULOUS COUNTIES
Sec. 231.301. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county that is adjacent to a county with a
population of one million or more.
Sec. 231.302. ADOPTION OF SUBCHAPTER. This subchapter
applies only to a county for which the commissioners court by order
adopts this subchapter on the court's own motion or following an
election as provided by Section 231.304(d).
Sec. 231.303. PETITION FOR ADOPTION. (a) A person may
submit a petition to the county clerk of a county to request that
the county hold an election on the question of adopting this
subchapter.
(b) The petition must:
(1) be signed by a number of registered voters in the
county that is equal to at least 10 percent of the number of votes
received by all candidates for governor in the most recent
gubernatorial general election in the area eligible to vote in the
election under Section 231.304;
(2) include each signer's current voter registration
number, printed name, and residence address, including zip code;
(3) include a signature date entered by each signer
next to the signer's signature; and
(4) include a statement on each page of the petition
preceding the space for signatures in substantially the following
form:
"This petition is to request that an election be held in (name of
county) to authorize the county to adopt zoning and building
regulations applicable in the unincorporated areas of the county
not subject to municipal zoning ordinances."
(c) A petition signature is not valid if:
(1) the signer fails to enter the date the signer signs
the petition; or
(2) the date is earlier than the 90th day before the
date the petition is submitted to the county clerk.
(d) Not later than the 30th day after the date the county
clerk receives a petition under this section, the clerk shall
provide a written determination on whether the petition is valid to
the commissioners court of the county.
(e) If the county clerk determines the petition is invalid,
the clerk shall provide written notice to the person submitting the
petition, which must include each reason the clerk determines the
petition is invalid.
Sec. 231.304. ADOPTION ELECTION. (a) After receipt of the
county clerk's determination of a valid petition under Section
231.303, the commissioners court of the county shall order an
election on the question of adopting this subchapter to be held on
the first uniform election date that allows sufficient time to
comply with any requirements of law.
(b) Only registered voters residing in a part of the
unincorporated area of the county that is not subject to a municipal
zoning ordinance are eligible to vote in the election.
(c) The ballot for the election must be printed to provide
for voting for or against the following proposition:
"Granting authority to the county to adopt zoning and building
regulations for the unincorporated areas of the county not subject
to municipal zoning ordinances."
(d) If a majority of the votes cast in the election favor the
proposition, the commissioners court shall adopt by order this
subchapter at the next scheduled meeting of the court.
Sec. 231.305. AUTHORITY TO REGULATE. (a) The
commissioners court of a county by order may adopt regulations
authorized by this subchapter that may be applied in the
unincorporated areas of the county that are not subject to
municipal zoning regulations adopted under Chapter 211.
(b) For an area designated by a county as having historical,
cultural, or architectural significance, the commissioners court
may regulate the construction, reconstruction, alteration, or
razing of buildings or other structures in the area.
Sec. 231.306. PROHIBITED COUNTY REGULATION. This
subchapter does not authorize the commissioners court of a county
to:
(1) require the removal or destruction of property
that exists at the time the commissioners court adopts this
subchapter;
(2) regulate a billboard or outdoor advertising that
conflicts with a municipal ordinance or state agency rule;
(3) regulate for siting or zoning purposes, new
manufactured or industrialized housing that is constructed to
preemptive state or federal building standards in a manner that is
different from site-built housing; or
(4) regulate the construction, use, design, or
placement of a public utility building or facility, including a
central office building used by a person engaged in providing
telephone services to the public.
Sec. 231.307. AGRICULTURAL AND RANCHING OPERATIONS. (a)
In this section, "agricultural or ranching operation" includes:
(1) cultivation of soil;
(2) production of crops for human food, animal feed,
planting seed, or fiber;
(3) floriculture;
(4) viticulture;
(5) horticulture;
(6) possession of livestock or poultry; and
(7) use of cover crops or idle land for the purpose of
participation in a governmental program or normal crop or livestock
rotation procedure.
(b) Except as provided by Subsection (c), the commissioners
court of a county may not restrict the right of a property owner to
construct an improvement for an agricultural or ranching operation,
or to otherwise use the property for an agricultural or ranching
operation.
(c) A commissioners court may impose a reasonably necessary
restriction or prohibition on a commercial agricultural or ranching
operation, including a commercial feed lot, 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.
Sec. 231.308. ZONING REGULATIONS. (a) The commissioners
court of a county by order may adopt zoning regulations.
(b) A commissioners court may regulate:
(1) the height, number of stories, and size of
buildings and 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, design, construction, extension,
and size of streets and roads;
(6) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes;
(7) the location, design, construction, extension,
size, and regulation of water, wastewater, and drainage facilities,
including requirements for connecting to a centralized water or
wastewater system;
(8) the location, design, and construction of parks,
playgrounds, and recreational areas; and
(9) the abatement of harm resulting from inadequate
water or wastewater facilities.
(c) In adopting zoning regulations, a commissioners court
must ensure that the regulations:
(1) comply with the county's comprehensive plan;
(2) are coordinated with the comprehensive plans of
each municipality located in the county;
(3) are uniform for each class or kind of building in a
district established under this subchapter, but may vary from
district to district; and
(4) are adopted with reasonable consideration for:
(A) preserving the character of each district and
its particular suitability for particular uses; and
(B) conserving the value of buildings and
encouraging the most appropriate use of land throughout a district.
Sec. 231.309. DISTRICTS. The commissioners court of a
county may divide the unincorporated area of the county into
districts of a number, shape, and size the court considers best for
implementing this subchapter.
Sec. 231.310. COMPREHENSIVE PLAN. (a) The commissioners
court of a county by order shall adopt a comprehensive plan for the
growth and development of the county.
(b) A comprehensive plan must be designed to:
(1) lessen congestion in the county's 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;
(7) facilitate the adequate provision of
transportation, water, sewers, parks, and other public
requirements; and
(8) assist in developing land in the county into
parks, playgrounds, and recreational areas for the public.
Sec. 231.311. PLANNING COMMISSION. (a) The commissioners
court of a county shall appoint a planning commission.
(b) The planning commission consists of seven members who
must be county residents. If a county has a park or historic
commission, the commissioners court may designate the historic
commission to serve as the planning commission.
(c) The members of the planning commission shall elect a
presiding officer from among its members to serve a term set by the
members. If the presiding officer is absent from a meeting, the
members of the planning commission may designate a member to serve
as the acting presiding officer.
(d) The planning commission may employ a secretary and
necessary staff.
(e) A commissioners court shall fill any vacancy on the
planning commission.
(f) A member of the planning commission is not entitled to
compensation but is entitled to reimbursement of expenses actually
incurred while serving on the planning commission, as provided by
commissioners court order.
Sec. 231.312. PLANNING COMMISSION: POWERS AND DUTIES. (a)
The planning commission of a county established under this
subchapter shall recommend:
(1) boundaries for dividing the county into districts
described by Section 231.309; and
(2) appropriate zoning regulations for each district.
(b) A planning commission shall develop a preliminary
report on its recommendations and hold a public hearing on that
report before submitting the final report to the commissioners
court of the county.
(c) Not later than the 10th day before the hearing date, a
planning commission shall provide written notice of each public
hearing before the planning commission on a proposed change in a
classification in a district to:
(1) each owner of affected property or the person who
renders that property for county taxes; and
(2) each owner of property that is located within 200
feet of property affected by the change or the person who renders
that property for county taxes.
(d) For purposes of Subsection (c), a planning commission is
considered to have provided notice by depositing the notice, with
postage paid and a proper address, in the United States mail.
(e) After the public hearing is held under Subsection (b), a
planning commission shall develop and submit a written final report
to the commissioners court.
Sec. 231.313. PROCEDURES FOR ADOPTING ZONING DISTRICT
BOUNDARIES AND REGULATIONS. (a) The commissioners court of a
county may not adopt a zoning district boundary or zoning
regulation until the court receives the planning commission's final
report prepared under Section 231.312.
(b) A commissioners court shall establish procedures for
adopting zoning district boundaries and zoning regulations. The
procedures must:
(1) require the boundary or regulation to be adopted
by order;
(2) limit the court's consideration of a boundary or
regulation to a boundary or regulation recommended by the planning
commission;
(3) provide that the boundary or regulation is not
effective until after a public hearing on the matter at which the
public has an opportunity to be heard; and
(4) require notice of the time and place of the hearing
in a newspaper of general circulation in the county not later than
the 15th day before the date of the hearing.
(c) Except as provided by Subsection (f), a commissioners
court may by majority vote adopt, or adopt with amendment, a zoning
district boundary or zoning regulation proposed by the planning
commission.
(d) A person may protest an amendment by a commissioners
court to a zoning district boundary or zoning regulation proposed
by the planning commission by submitting a written protest to the
court that is signed by the owners of at least 20 percent of:
(1) the area of the lots covered by the proposed
change; or
(2) the property immediately adjacent to the rear of
the lots covered by the proposed change and extending 200 feet from:
(A) those lots; or
(B) the street frontage of the opposite lots.
(e) After receipt of a protest under Subsection (d), a
commissioners court shall hold a public hearing for which the court
provides notice in the manner provided by Subsection (b).
(f) A commissioners court may adopt with amendment a zoning
district boundary or zoning regulation proposed by the planning
commission for which the court receives a protest under Subsection
(d) only by an affirmative vote of at least three-fourths of all
members of the court.
Sec. 231.314. SPECIAL EXCEPTIONS. (a) A person aggrieved
by a zoning regulation adopted under this subchapter or an officer,
department, board, or bureau of the county or a municipality in the
county may petition the commissioners court of the county for a
special exception to the regulation.
(b) A commissioners court may grant a special exception to a
zoning regulation if the court finds that the exception:
(1) is not contrary to the public interest; and
(2) would prevent unnecessary hardship from the
literal enforcement of the regulation.
(c) A commissioners court shall adopt procedures governing
applications, notice, hearings, and other matters relating to
special exceptions.
Sec. 231.315. ENFORCEMENT. (a) The commissioners court of
a county may adopt orders to enforce this subchapter or an order
adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or an order adopted under this subchapter. An offense
under this subsection is a misdemeanor punishable by a fine of not
less than $500 and not more than $1,000. Each day that a violation
occurs constitutes a separate offense. An offense must be
prosecuted in a district court in the county in which the offense
occurs.
(c) The appropriate county authority may bring an action
against the owner of:
(1) a building or other structure erected,
constructed, reconstructed, altered, repaired, converted, or
maintained in violation of this subchapter or an order adopted
under this subchapter; or
(2) a building, other structure, or land used in
violation of this subchapter or an order adopted under this
subchapter.
(d) In an action brought under Subsection (c), the county
may recover:
(1) injunctive relief to:
(A) prevent the unlawful action or use;
(B) restrain, correct, or abate the violation;
(C) prevent the occupancy of the building, other
structure, or land that is the subject of the action; or
(D) prevent any illegal act, conduct, business,
or use on or about the premises of the property that is the subject
of the action;
(2) court costs and attorney's fees incurred in
bringing the action; and
(3) other appropriate remedies.
Sec. 231.316. COOPERATION WITH MUNICIPALITIES. The
commissioners court of a county by order may enter into an agreement
with a municipality located in the county to assist in the
implementation and enforcement of regulations adopted under this
subchapter.
Sec. 231.317. CONFLICT WITH OTHER LAW. In the event of a
conflict between an order adopted under this subchapter and a
statute or local regulation, the more stringent regulation
prevails. A more stringent regulation is the regulation that
imposes a higher standard, including a requirement of:
(1) a greater width or size of a yard, court, or other
open space;
(2) a lower building height or fewer number of stories
for a building; or
(3) a greater percentage of a lot to be left
unoccupied.
SECTION 2. This Act takes effect September 1, 2023.