S.B. No. 63

	AN ACT
	relating to the powers of the commissioners court of certain
	counties in the border region in regard to unincorporated areas;
	providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 81.033, Local Government
	Code, is amended to read as follows:
	(a)  This section applies only to a commissioners court of a
	county that has a population of more than 5,000 [7,500], is located
	within 100 miles of [on] an international boundary, and contains no
	incorporated territory of a municipality.
	SECTION 2.  Chapter 231, Local Government Code, is amended
	by adding Subchapter L to read as follows:
	SUBCHAPTER L.  ZONING AROUND FALCON LAKE
	Sec. 231.251.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The
	legislature finds that:
	(1)  the area that surrounds Falcon Lake in Zapata
	County is frequented for recreational purposes by residents from
	every part of the state;
	(2)  orderly development and use of the area is of
	concern to the entire state; and
	(3)  buildings in the area that are frequented for
	resort or recreational purposes tend to become congested and to be
	used in ways that interfere with the proper use of the area as a
	place of recreation to the detriment of the public health, safety,
	morals, and general welfare.
	(b)  The powers granted under this subchapter are for the
	purpose of promoting the public health, safety, peace, morals, and
	general welfare and encouraging the recreational use of county
	land.
	Sec. 231.252.  AREAS SUBJECT TO REGULATION.  This subchapter
	applies only to the unincorporated area of Zapata County located
	within 25,000 feet of:
	(1)  the project boundary line for Falcon Lake; and
	(2)  the Rio Grande.
	Sec. 231.253.  FALCON LAKE PLANNING COMMISSION.  (a)  A lake
	planning commission is established for the area subject to this
	subchapter.  The commission is comprised of:
	(1)  four residents of Zapata County, with one resident
	from each of the county commissioner precincts, appointed by that
	precinct's commissioner; and
	(2)  a person, who shall serve as the commission's
	presiding officer, appointed by the county judge of Zapata County.
	(b)  Except as provided by Subsection (c), the members of the
	commission shall be appointed for two-year terms that expire
	February 1 of each odd-numbered year.
	(c)  The terms of the initial members of the commission
	expire on February 1st of the first February in an odd-numbered year
	following their appointment.
	(d)  The commissioners court of Zapata County may employ
	staff for the commission to use in performing the commission's
	functions.
	Sec. 231.254.  COMMISSION STUDY AND REPORT; HEARING.
	(a)  At the request of the commissioners court of Zapata County,
	the lake planning commission shall, or on the commission's own
	initiative, the commission may, conduct studies of the area subject
	to this subchapter and prepare reports to advise the commissioners
	court about matters affecting that area, including any need for
	zoning regulations in that area.
	(b)  Before the commission may prepare a report, the
	commission must hold a public hearing in which members of the public
	may offer testimony regarding any subject to be included in the
	commission's report.  The commission shall provide notice of the
	hearing as required by the commissioners court.
	Sec. 231.255.  ZONING REGULATIONS.  After receiving a report
	from the lake planning commission under Section 231.254, the
	commissioners court of Zapata County may adopt zoning regulations
	for the area subject to this subchapter and in accordance with the
	report that regulate:
	(1)  the height, number of stories, and size of
	buildings and other structures;
	(2)  the percentage of a lot that may be occupied;
	(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; and
	(6)  the placement of water and sewage facilities,
	parks, and other public requirements.
	Sec. 231.256.  DISTRICTS.  (a)  The commissioners court may
	divide the area in the county that is subject to this subchapter
	into districts of a number, shape, and size the court considers best
	for carrying out this subchapter. Within each district, the
	commissioners court may regulate the erection, construction,
	reconstruction, alteration, repair, or use of buildings, other
	structures, or land.
	(b)  The zoning 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, among other things, for the character of
	each district and its peculiar suitability for particular uses,
	with a view of conserving the value of buildings and encouraging the
	most appropriate use of land throughout the area.
	Sec. 231.257.  ENFORCEMENT; PENALTY; REMEDIES.  (a)  The
	commissioners court may adopt orders to enforce this subchapter,
	any order adopted under this subchapter, or a zoning regulation.
	(b)  A person commits an offense if the person violates this
	subchapter, an order adopted under this subchapter, or a zoning
	regulation. An offense under this subsection is a misdemeanor,
	punishable by fine, imprisonment, or both, as provided by the
	commissioners court. The commissioners court may also provide
	civil penalties for a violation.
	(c)  If a building or other structure is erected,
	constructed, reconstructed, altered, repaired, converted, or
	maintained or if a building, other structure, or land is used in
	violation of this subchapter, an order adopted under this
	subchapter, or a zoning regulation, the appropriate county
	authority, in addition to other remedies, may institute appropriate
	action to:
	(1)  prevent the unlawful erection, construction,
	reconstruction, alteration, repair, conversion, maintenance, or
	use;
	(2)  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.
	SECTION 3.  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, 2007.
	______________________________    ______________________________
	President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 63 passed the Senate on
	March 14, 2007, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendment on May 17, 2007, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 63 passed the House, with
	amendment, on May 11, 2007, by the following vote: Yeas 135,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	______________________________
	Date
	______________________________
	______________________________
	Governor