Gerdes Bill Limits New Zoning Power To Four Narrow Population Bands

The text as introduced · 2,496 words

89R5649 JBD-D

By: Gerdes
H.B. No. 4946

A BILL TO BE ENTITLED

AN ACT

relating to county zoning authority for certain 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 CERTAIN COUNTIES

Sec. 231.301. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of:

(1) more than 93,000 and less than 99,000;

(2) more than 45,000 and less than 46,000;

(3) more than 24,600 and less than 26,000; or

(4) more than 17,000 and less than 17,700.

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 the Texas Historical

Commission as having historical significance, the commissioners

court may regulate, in accordance with rules adopted by the Texas

Historical Commission, 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 a noncommercial agricultural or

ranching operation, or to otherwise use the property for a

noncommercial 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) population density;

(2) the location and use of buildings, other

structures, and land for business, industrial, residential, or

other purposes;

(3) 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; and

(4) 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 may receive 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 without an effort to remedy the violation 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, 2025.