S.B. No. 63
relating to the powers of the commissioners court of certain
counties in the border region in regard to unincorporated areas;
providing penalties.
       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:
       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
       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
(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
             (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