85R5657 JCG-F
	By: Minjarez	H.B. No. 1562

	A BILL TO BE ENTITLED
	AN ACT
	relating to zoning and building construction regulations in certain
	counties; providing a criminal penalty.
	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 AND BUILDING CONSTRUCTION ORDINANCES IN URBAN
	COUNTIES
	Sec. 231.301.  PURPOSE. The powers granted under this
	subchapter are for the purpose of protecting the public health,
	safety, welfare, and morals.
	Sec. 231.302.  APPLICABILITY. This subchapter applies only
	to:
	(1)  a county that has a population of 100,000 or more;
	or
	(2)  a county that contains part of a metropolitan
	statistical area with a total population greater than 100,000.
	Sec. 231.303.  ZONING AND BUILDING CONSTRUCTION ORDINANCES;
	RULES. (a) The commissioners court of a county may adopt
	ordinances, not inconsistent with state law, that apply only to the
	unincorporated area of the county and that regulate:
	(1)  the height, number of stories, or size of
	buildings;
	(2)  the percentage of a lot that may be occupied;
	(3)  the size of yards and other spaces;
	(4)  population density;
	(5)  the location and use of buildings and land for
	commercial, industrial, residential, or other purposes; and
	(6)  building construction standards.
	(b)  The commissioners court may not regulate the use,
	design, or placement of public utility buildings, land, or
	facilities.
	(c)  The commissioners court may not regulate for siting or
	zoning purposes new manufactured or industrialized housing that is
	constructed to preemptive state or federal building standards in
	any manner that is different from regulation of site-built housing.
	(d)  The commissioners court shall adopt rules as necessary
	to carry out this subchapter.
	Sec. 231.304.  LOCAL OPTION ELECTION. (a) This subchapter
	applies only to a county in which a majority of the voters of the
	unincorporated area of the county voting on the question approve
	this subchapter's grant of authority to the county. The
	commissioners court shall order and hold an election in the
	unincorporated area of the county if the court is petitioned to do
	so under Section 231.305. The commissioners court may not order and
	hold the election on its own motion.
	(b)  If an election is held, the ballot shall be printed to
	provide for voting for or against the proposition: "Granting
	authority to the county to adopt zoning and building construction
	ordinances for the unincorporated area of (name of county)."
	Sec. 231.305.  PETITION; VERIFICATION. (a) A petition for
	the local option election must include a statement worded
	substantially as provided by this subsection and located on each
	page of the petition preceding the space reserved for signatures:
	"This petition is to request that an election be held in the
	unincorporated area of (name of county) to authorize the county to
	adopt zoning and building construction ordinances for the
	unincorporated area of (name of county)."
	(b)  To be valid, a petition must:
	(1)  be signed by registered voters of the
	unincorporated area of the county in a number equal to at least five
	percent of the number of registered voters in the unincorporated
	area of the county on the date of the most recent general election
	for state and county officers; and
	(2)  comply with Chapter 277, Election Code.
	(c)  Within five days after the date a petition is received
	in the office of the commissioners court, the commissioners court
	shall submit the petition for verification to the county clerk, who
	shall determine whether the petition meets the requirements imposed
	by this section. Within 30 days after the date the petition is
	submitted to the county clerk for verification, the county clerk
	shall certify in writing to the commissioners court whether the
	petition is valid. If the county clerk determines that the petition
	is invalid, the clerk shall state the reasons for that
	determination.
	(d)  If the county clerk certifies that a petition is valid,
	the commissioners court shall order the election to be held on the
	next uniform election date authorized by Section 41.001, Election
	Code, that:
	(1)  occurs after the date the court receives the
	county clerk's certification; and
	(2)  allows enough time to hold the election in the
	manner required by law.
	Sec. 231.306.  COUNTY PLANNING COMMISSION. (a) A county
	planning commission is composed of:
	(1)  three residents of the county who own land in the
	county, appointed by the county judge;
	(2)  one resident of each commissioners precinct in the
	county, appointed by the county commissioner for that precinct; and
	(3)  for each municipality with a population of 25,000
	or more located wholly or partly in the county:
	(A)  the mayor of the municipality, if the mayor
	resides in the county; or
	(B)  a person who is a resident of the
	municipality and the county, appointed by the mayor, if the mayor
	does not reside in the county.
	(b)  Except for the initial appointed members, the appointed
	members of a commission are appointed for terms of two years
	expiring on February 1 of each odd-numbered year. The initial
	appointed members are appointed for terms expiring on the first
	February 1 of an odd-numbered year occurring after the date of their
	appointment.
	(c)  A commission annually shall elect a chair and vice-chair
	from its members. The commissioners court shall employ staff for
	the use of the commission in performing its functions.
	Sec. 231.307.  COMMISSION DUTIES. The commissioners court
	may assign the planning commission any duties that the court
	considers appropriate and that are not inconsistent with this
	subchapter.
	Sec. 231.308.  COMMISSION STUDIES; REPORTS; HEARINGS. (a)
	At the request of the commissioners court, a planning commission
	shall, or on its own initiative a commission may, conduct studies of
	the unincorporated area of the county and prepare reports to advise
	the commissioners court about:
	(1)  the initial boundaries of zoning districts and
	other initial regulations for the unincorporated area of the
	county; and
	(2)  changes to those districts or regulations.
	(b)  Before the commission may prepare a report, the
	commission must hold a public hearing at which members of the public
	may present testimony about any subject to be included in the
	commission's report. The commission shall give notice of the
	hearing as required by the commissioners court.
	(c)  If a report will advise the commissioners court about a
	proposed action regarding the zoning classification of a parcel of
	land, the commission shall send written notice to each landowner,
	as listed on the county tax rolls, whose land is directly affected
	by the proposed action or whose land is located within 200 feet of
	land directly affected. The notice must inform the landowner of the
	time and place of the public hearing at which the landowner may
	present testimony to the commission about the proposed action and
	must be deposited in the United States mail before the 10th day
	before the date of the hearing.
	Sec. 231.309.  ADOPTION OF ORDINANCE AFTER RECEIPT OF
	REPORT. The commissioners court may adopt a proposed ordinance
	only after the court receives a planning commission's report
	prepared under Section 231.308 relating to the proposed ordinance.
	Sec. 231.310.  SPECIAL EXCEPTIONS. (a) The commissioners
	court may grant a special exception to an ordinance adopted under
	this subchapter if the court finds that the grant of the special
	exception will not be contrary to the public interest and that a
	literal enforcement of the ordinance would result in an unnecessary
	hardship.
	(b)  The commissioners court shall adopt procedures
	governing applications, notice, hearings, and other matters
	relating to the grant of a special exception.
	Sec. 231.311.  CONFLICT WITH OTHER ACTION. If an ordinance
	adopted under this subchapter conflicts with an action of a
	municipality in the municipality's extraterritorial jurisdiction,
	the municipal action controls to the extent of the conflict.
	Sec. 231.312.  ENFORCEMENT. (a) The county attorney or
	other prosecuting attorney representing the county in the district
	court may file an action to enjoin the violation or threatened
	violation of an ordinance adopted under this subchapter. The court
	may grant appropriate relief.
	(b)  If an ordinance adopted under this subchapter defines an
	offense, an offense under that order is a Class C misdemeanor. The
	offense shall be prosecuted in the same manner as an offense defined
	by state law.
	SECTION 2.  This Act takes effect September 1, 2017.