HB3578 - Relating to the authority of a county that borders the United Mexican States to regulate residential land use; creating a criminal offense.

  89R13094 JBD-F     By: McLaughlin H.B. No. 3578       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a county that borders the United   Mexican States to regulate residential land use; 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 ON BORDER WITH UNITED MEXICAN STATES           Sec.   231.301.     LEGISLATIVE FINDINGS; PURPOSE.   (a)   The   legislature finds that the counties that border the United Mexican   States face unique challenges because of their geographic location   and population dynamics.           (b)     The powers granted under this subchapter are for the   purpose of promoting orderly development, protecting public health   and safety, and enhancing quality of life.           Sec.   231.302.     APPLICABILITY. This subchapter applies only   to a county that borders the United Mexican States.           Sec.   231.303.     AREAS SUBJECT TO REGULATION. An order   adopted under this subchapter applies only to an area that:                 (1)  is in the unincorporated area of a county; and                 (2)  has more than two dwelling units per acre.           Sec.   231.304.     ZONING REGULATIONS GENERALLY. The   commissioners court of a county by order may adopt zoning   regulations that regulate:                 (1)  the size or height of a building;                 (2)     the percentage of a lot that may be occupied or   developed;                 (3)  the number of dwelling units per acre;                 (4)  the size of a setback or open space; and                 (5)     the location, design, construction, extension,   size, and installation of utilities, roads, and other essential   services.           Sec.   231.305.     DISTRICTS. (a)   The commissioners court of a   county by order may divide the county into districts of a number,   shape, and size the court considers best for carrying out this   subchapter.           (b)     The commissioners court of a county may adopt zoning   regulations that vary from district to district.           Sec.   231.306.     PROCEDURE GOVERNING ADOPTION OF REGULATIONS.   (a)   The commissioners court of a county may not adopt an order   under this subchapter until after a public hearing is held where the   public is given the opportunity to be heard on the question of   adopting the order. Before the 15th day before the date of the   hearing, the commissioners court must publish notice of the hearing   in a newspaper of general circulation in the county.           (b)     The commissioners court of a county may adopt or amend a   regulation or boundary under this subchapter only by an order   passed by a majority vote of the full membership of the court.           (c)     If a proposed change to a regulation or boundary is   protested in accordance with this subsection, the proposed change   must receive, in order to take effect, the affirmative vote of at   least three-fourths of all members of the commissioners court   proposing the change.   The protest must be written and signed by the   owners of at least 20 percent of the area covered by the proposed   change.           Sec.   231.307.     ENFORCEMENT; PENALTY.   (a)   The commissioners   court of a county by order may provide for the enforcement of this   subchapter or an order or regulation adopted under this subchapter.           (b)     A person commits an offense if the person violates this   subchapter or an order or regulation adopted under this subchapter.   An offense under this subsection is a misdemeanor punishable by a   fine of not less than $500 or more than $1,000. Each day that a   violation occurs constitutes a separate offense. Trial shall be in   the justice court.          SECTION 2.  This Act takes effect September 1, 2025.