reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 232.153 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter F. Abandoned, Unoccupied, and Undeveloped|Section 232.153. Public Hearing

Sec. 232.153.  PUBLIC HEARING.  (a) Before a county may make an administrative determination that a platted lot is abandoned, unoccupied, and undeveloped, the county must:(1)  hold a public hearing on the matter; and(2)  make reasonable efforts to notify each owner and lienholder of the lot of the time and place of the hearing as provided by Section 232.154.(b)  The hearing may be held by the commissioners court of the county or an appropriate county commission or board appointed by the commissioners court. The Texas Rules of Evidence do not apply to a hearing conducted under this section.(c)  At the hearing, an owner or lienholder may provide testimony and present evidence to refute any of the five required elements for a determination under Section 232.152. It is an affirmative defense to a determination under Section 232.152 that a lot's ad valorem taxes have been paid in full for each year that the taxing authority issued a tax invoice.(d)  The county may conduct a single hearing for multiple lots and make a determination that multiple lots are abandoned, unoccupied, and undeveloped based on the same evidence.(e)  Not later than the 14th day after the date of the hearing, if a lot is determined to be abandoned, unoccupied, and undeveloped, the county shall issue an order of its determination.(f)  Not later than the 14th day after the date of the order, the county shall:(1)  post notice of the order at the county courthouse; and(2)  publish in a newspaper of general circulation in the county in which the lot is located a notice of the determination containing:(A)  a description of the lot;(B)  the date of the hearing;(C)  a brief statement of the results of the order; (D)  instructions stating where a complete copy of the order may be obtained; and (E)  notice that the order is appealable to a district court in the county within 60 calendar days of the order.(g)  In lieu of the notice required by Subsection (f), the county may:(1)  post the information required by Subsection (f)(2) on the county's Internet website; and(2)  publish a notice in a newspaper of general circulation in the county in which the lot is located stating that:(A)  the commissioners court has adopted an order under this subchapter; and(B)  the information required by Subsection (f)(2) may be found on the county's Internet website.|Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 232.154 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter F. Abandoned, Unoccupied, and Undeveloped|Section 232.154. Notice of Hearing

Sec. 232.154.  NOTICE OF HEARING.  (a) The county shall:(1)  provide notice of the hearing to each record owner of the applicable lot and to each holder of a recorded lien against the applicable lot by:(A)  personal delivery;(B)  certified mail with return receipt requested to the last known address of each owner and lienholder; or(C)  delivery to the last known address of each owner or lienholder by the United States Postal Service using signature confirmation services;(2)  publish notice of the hearing in a newspaper of general circulation in the county on or before the 10th day before the date of the hearing and on the county's Internet website; and(3)  file in the property records of the county notice of the hearing that contains:(A)  the name and last known address of the owner of the applicable lot; and(B)  a description of the administrative determination proceeding, including notice that the administrative determination may result in the extinguishment of any and all rights and legal interests in the lot.(b)  Notice under Subsection (a)(1) must be provided to each owner and lienholder for whom an address can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk or in the records of the office of the central appraisal district for the county. The filed notice under Subsection (a)(3) must contain the name and address of each owner to the extent that that information can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk or in the records of the office of the central appraisal district for the county.(c)  The filing of notice under Subsection (a)(3):(1)  is binding on subsequent grantees, lienholders, or other transferees of an interest in the platted lot who acquire that interest after the filing of the notice; and(2)  constitutes notice of the proceeding on any subsequent recipient of any interest in the platted lot who acquires that interest after the filing of the notice.(d)  An owner or lienholder is presumed to have received actual and constructive notice of the hearing if the commissioners court complies with this section, regardless of whether the commissioners court receives a response from the person.|Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 232.155 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter F. Abandoned, Unoccupied, and Undeveloped|Section 232.155. Judicial Review

Sec. 232.155.  JUDICIAL REVIEW. (a) Any owner or lienholder of record of a platted lot aggrieved by an order issued under Section 232.153 may file in a district court in the county in which the property is located a verified petition alleging that the decision is illegal, in whole or in part, and stating with specificity the grounds of the alleged illegality. The petition must be filed by an owner or lienholder of the lot within 60 calendar days of the order. If a petition is not filed within 60 calendar days of the order, the order shall become final.(b)  On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the county to review the order of the county and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney. (c)  The county is not required to return the original papers acted on by it, but it is sufficient for the county to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ. (d)  Appeal of the county's determination under this subchapter shall be conducted under the substantial evidence rule. |Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 232.156 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter F. Abandoned, Unoccupied, and Undeveloped|Section 232.156. Civil Action for Receivership

Sec. 232.156.  CIVIL ACTION FOR RECEIVERSHIP.  (a) After a final determination that a platted lot is abandoned, unoccupied, and undeveloped, the county shall bring a civil action to have the lot placed in a receivership.  On a final determination that a platted lot is abandoned, unoccupied, and undeveloped as provided by this subchapter, an owner or lienholder's rights and legal interests are extinguished, subject to the provisions of this subchapter regarding any net proceeds resulting from the disposition of the property, and transferred to the receiver.(b)  The only allegations required to be pleaded in an action for receivership brought under this section are:(1)  the identification of the applicable lot;(2)  the relationship of the defendant to the real property;(3)  the notice of the administrative hearing given to the owner; and(4)  the administrative determination that the lot has been abandoned, unoccupied, and undeveloped.(c)  The court may appoint as receiver any person with a demonstrated record of knowledge of the problems created by abandoned, unoccupied, and undeveloped platted lots. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. The court may not appoint the county, a county official or county employee, or a relative of a county official or county employee within the third degree of consanguinity or affinity as a receiver.(d)  In a civil action under this subchapter, the record owners and any lienholders of record of the lot shall be served with personal notice of the proceedings as provided by the Texas Rules of Civil Procedure. Service on the record owners or lienholders constitutes notice to all unrecorded owners or lienholders.|Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 232.158 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 232 - County Regulation of Subdivisions|Subchapter F. Abandoned, Unoccupied, and Undeveloped|Section 232.158. Sale of Property

Sec. 232.158.  SALE OF PROPERTY.  (a)  A sale under this subchapter must be made by:(1)  public auction;(2)  sealed bid; or(3)  sealed proposal.(b)  Before a sale may take place under this subchapter, the receiver must publish notice of the proposed sale before the 60th day before the date the sale is to be held and again before the 30th day before the date the sale is to be held.  The notice must be published in English and Spanish in a newspaper of general circulation in the county in which the real property is located.  The notice must:(1)  clearly identify the property to be sold;(2)  specify the procedures and date for the public auction, sealed bid, or sealed proposal method of sale;(3)  state the minimum bid for the property, if any; (4)  state any specific financial terms of sale imposed by the receiver; and(5)  describe the restrictions, conditions, and limitations on the use of the property that the receiver has determined are appropriate, other than the restrictions, conditions, and limitations provided by other law.(c)  In addition to the notice required by Subsection (b), to maximize the price at which the property is sold and the number of bidders, the receiver shall exercise best efforts to provide notice of the proposed sale to those persons who may have the business expertise, financial capability, and interest in developing the property, including local, state, and national trade associations whose members are development, real estate, or financial professionals.(d)  On the closing of a sale of property under this subchapter, fee simple title shall be vested in the purchaser.(e)  The receiver may reject any and all offers.  If the receiver rejects all offers, the receiver may subsequently reoffer the same property for sale, reorganize the property and offer the property for sale, or combine all or part of the property with other property and offer the combined property for sale.(f)  If the procedures in this section are followed and a sale occurs, the sale price obtained for the property is conclusive as to the fair market value of the property at the time of the sale.|Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 233.031 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.031. Authority Limited to Unincorporated Areas; Conflict With Municipal Authority

Sec. 233.031.  AUTHORITY LIMITED TO UNINCORPORATED AREAS;  CONFLICT WITH MUNICIPAL AUTHORITY.  (a)  The authority under this subchapter to establish building and set-back lines applies only to areas outside the corporate limits of municipalities.(b)  If the lines conflict with lines adopted by a municipality, the municipal lines prevail if they are in the extraterritorial jurisdiction of the municipality.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug, 28, 1989.  Renumbered from Sec. 233.001 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.032 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.032. Powers and Duties of Commissioners Court

Sec. 233.032.  POWERS AND DUTIES OF COMMISSIONERS COURT.  (a)  If the commissioners court of a county determines that the general welfare will be promoted, the court may:(1)  establish by order building or set-back lines on the public roads, including major highways and roads, in the county; and(2)  prohibit the location of a new building within those building or set-back lines.(b)  A building or set-back line established under this subchapter may not extend:(1)  more than 25 feet from the edge of the right-of-way on all public roads other than major highways and roads; or(2)  more than 50 feet from the edge of the right-of-way of major highways and roads.(c)  The commissioners court may designate the public roads that are major highways and roads.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28, 1989.  Renumbered from Sec. 233.002 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.033 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.033. Hearing; Adoption of Lines

Sec. 233.033.  HEARING;  ADOPTION OF LINES.  (a)  Before the establishment or change of building or set-back lines, the commissioners court must hold at least one public hearing on the establishment or change.  The court shall publish notice of the time and place of the hearing in a newspaper of general circulation in the county before the 15th day before the date of the hearing.  The court may adjourn the hearing from time to time.(b)  The commissioners court may establish or change a building or set-back line only by an order passed by at least a majority vote of the full membership of the court.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28, 1989.  Renumbered from Sec. 233.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.034 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.034. Notice; Limitations Period

Sec. 233.034.  NOTICE;  LIMITATIONS PERIOD.  (a)  An owner of real property that fronts along a road that has a building or set-back line established under this subchapter is charged with notice of the building or set-back line order.(b)  The commissioners court shall show in a general manner each building or set-back line established under this subchapter on a map.  The map shall be filed with the county clerk.(c)  If the county does not begin the construction of the improvement or widening of a road along which a building or set-back line has been established within four years after the date the building or set-back line is established, the building or set-back line becomes void, unless the county and the affected property owners agree to extend the time period for the improvements or widening.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28, 1989.  Renumbered from Sec. 233.004 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.035 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.035. Board of Building Line Adjustment

Sec. 233.035.  BOARD OF BUILDING LINE ADJUSTMENT.  (a)  The commissioners court may appoint a board of building line adjustment consisting of five freeholders of the county.  Members must be appointed for staggered terms of two years, with two members' terms expiring in one year and three members' terms expiring the next year.  However, in making the initial appointments, the commissioners court shall designate two members for one-year terms and three members for two-year terms.  The court may remove a member for cause on a written charge after a public hearing.  The court shall fill a vacancy on the board for the unexpired term of the member whose term becomes vacant.(b)  The board shall elect its own chairman and shall adopt rules of procedure.  The meetings of the board are open to the public.  The board shall keep minutes of its proceedings that shall be filed in the board's office.  The minutes of board meetings constitute a public record.(c)  Subject to appropriate conditions and safeguards, the board may modify or vary the regulations affecting building or set-back lines in a case in which unnecessary hardship may result from a literal enforcement of those regulations, in order to do substantial justice and to observe the purpose of the regulations in protecting the public welfare and safety.(d)  The board shall hear and decide an appeal in a case in which, because of exceptional narrowness, shallowness, shape, topography, existing building development, or another exceptional and extraordinary situation or condition of a specific piece of property, the strict application of a building line established under this subchapter would result in peculiar and exceptional difficulties or hardships to the owner of the property.  On appeal, the board may authorize a variance from the strict application of the regulation, under conditions imposed by the board, to relieve the hardship or difficulty if that relief can be granted without substantially impairing the intent and purpose of the building line or set-back line.(e)  With appropriate safeguards, the board shall authorize the construction of an improvement or a structure that may encroach on a building or set-back line.  However, if the county proceeds with projected improvements of the affected road within the time provided by Section 233.034(c), the owner of the improvement or structure must remove it at no expense to the county.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 233.005 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.036 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.036. Enforcement

Sec. 233.036.  ENFORCEMENT.  If a structure is erected, constructed, or reconstructed in violation of a building or set-back line established under this subchapter, the commissioners court, the district or county attorney, or an owner of real property in the county may institute an injunction, mandamus, abatement, or other appropriate action to prevent, abate, remove, or enjoin the unlawful erection, construction, or reconstruction.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 233.006 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.037 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter B. Building and Setback Lines|Section 233.037. Appeal

Sec. 233.037.  APPEAL.  (a)  An owner of property who is aggrieved by an action or order adopted by the board of building line adjustment may appeal to the commissioners court.  The person must bring the appeal within 30 days after the date the action or order was adopted.(b)  A property owner in the county who is aggrieved by a final order of the board or of the commissioners court may appeal to the district court or to another court with proper jurisdiction.  The appellant must bring the appeal within 30 days after the date on which the final order in question was adopted.  The appellant must execute an appeal bond in an amount fixed by the court.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 233.007 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(3), eff. Sept. 1, 2001.|
TX Loc Govt Code § 233.061 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle B - County Regulatory Authority|Chapter 233 - County Regulation of Housing and Other Structures|Subchapter C. Fire Code in Unincorporated Area|Section 233.061. Authority to Adopt and Enforce Fire Code

Sec. 233.061.  AUTHORITY TO ADOPT AND ENFORCE FIRE CODE.  (a)  The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code.(b)  The commissioners court, or any municipality in the county, may contract with one another for the administration and enforcement of the fire code.|Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 598, Sec. 1, eff. June 11, 1997.  Renumbered from Sec. 235.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(4), eff. Sept. 1, 2001.|