reglab/statecodes huggingface dataset:
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.103. Lot Frontages

Sec. 232.103.  LOT FRONTAGES.  By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt reasonable standards for minimum lot frontages on existing county roads and establish reasonable standards for the lot frontages in relation to curves in the road.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.104. Set-Backs

Sec. 232.104.  SET-BACKS.  By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c).
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.105. Developer Participation Contracts

Sec. 232.105.  DEVELOPER PARTICIPATION CONTRACTS.  (a)  Without complying with the competitive sealed bidding procedure of Chapter 262, a commissioners court may make a contract with a developer of a subdivision or land in the unincorporated area of the county to construct public improvements, not including a building, related to the development.  If the contract does not meet the requirements of this subchapter, Chapter 262 applies to the contract if the contract would otherwise be governed by that chapter.
(b)  Under the contract, the developer shall construct the improvements, and the county shall participate in the cost of the improvements.
(c)  The contract must establish the limit of participation by the county at a level not to exceed 30 percent of the total contract price.  In addition, the contract may also allow participation by the county at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the county, including but not limited to increased capacity of improvements to anticipate other future development in the area.  The county is liable only for the agreed payment of its share, which shall be determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by an order of the commissioners court.
(d)  The developer must execute a performance bond for the construction of the improvements to ensure completion of the project.  The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code.
(e)  In the order adopted by the commissioners court under Subsection (c), the county may include additional safeguards against undue loading of cost, collusion, or fraud.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.106. Connection of Utilities

Sec. 232.106.  CONNECTION OF UTILITIES.  By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in a newspaper of general circulation in the county, the commissioners court may impose the requirements of Section 232.029 or 232.0291.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 10, eff. September 1, 2005.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.107. Provisions Cumulative

Sec. 232.107.  PROVISIONS CUMULATIVE.  The authorities under this subchapter are cumulative of and in addition to the authorities granted under this chapter and all other laws to counties to regulate the subdivision of land.
Added by Acts 2001, 77th Leg., ch. 736, Sec. 1, eff. Sept. 1, 2001.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.108. Plat Requirements

Sec. 232.108.  PLAT REQUIREMENTS.  (a)  The commissioners court, in addition to having the authority to adopt rules under Section 232.101 and other authority granted by this chapter, may impose the plat requirements prescribed by Section 232.023.  If the commissioners court imposes the plat requirements prescribed by Section 232.023, any rules adopted under Section 232.101 must be consistent with those requirements.
(b)  If a county imposing the plat requirements prescribed by Section 232.023 is not described by Section 232.022(a):
(1)  the document required by Section 232.023(b)(6) is not required to be in Spanish; and
(2)  the plat requirements related to drainage shall be those authorized by Section 232.003(8) rather than those authorized by Section 232.023(b)(8).
Added by Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 5, eff. September 1, 2007.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.109. Fire Suppression System

Sec. 232.109.  FIRE SUPPRESSION SYSTEM.  In a subdivision that is not served by fire hydrants as part of a centralized water system certified by the Texas Commission on Environmental Quality as meeting minimum standards for water utility service, the commissioners court may require a limited fire suppression system that requires a developer to construct:
(1)  for a subdivision of fewer than 50 houses, 2,500 gallons of storage; or
(2)  for a subdivision of 50 or more houses, 2,500 gallons of storage with a centralized water system or 5,000 gallons of storage.
Added by Acts 2007, 80th Leg., R.S., Ch. 1390 (S.B. 1867), Sec. 5, eff. September 1, 2007.
2023 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 E. Infrastructure Planning Provisions in Certain Urban Counties › Section 232.110. Apportionment of County Infrastructure Costs

Sec. 232.110.  APPORTIONMENT OF COUNTY INFRASTRUCTURE COSTS.  (a)  If, under any authority expressly authorized by this chapter, a county requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of county infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the county.  The county's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection.
(b)  A developer who disputes the determination made under Subsection (a) may appeal to the commissioners court of the county.  At the appeal, the developer may present evidence and testimony under procedures adopted by the commissioners court.  After hearing any testimony and reviewing the evidence, the commissioners court shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer.
(c)  A developer may appeal the determination of the commissioners court to a county or district court of the county in which the development project is located within 30 days of the final determination by the commissioners court.
(d)  A county may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project.
(e)  A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees.
(f)  This section does not diminish the authority or modify the procedures specified by Chapter 395.
(g)  This section does not increase or expand, and shall not be interpreted to increase or expand, the authority of a county to regulate plats or subdivisions under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 635 (S.B. 1510), Sec. 2, eff. June 10, 2019.
2023 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 232.151. Applicability

Sec. 232.151.  APPLICABILITY.  This subchapter applies to a county that:
(1)  contains a municipality with a population of more than 500,000;
(2)  is adjacent to an international border; and
(3)  contains more than 30,000 acres of lots that have remained substantially undeveloped for more than 25 years after the date the lots were platted.
Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 147, eff. September 1, 2023.
2023 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 232.152. Administrative Determination

Sec. 232.152.  ADMINISTRATIVE DETERMINATION.  (a) In addition to the authority granted under Section 232.045, a commissioners court may implement an expedited process to administratively determine that a platted lot is abandoned, unoccupied, and undeveloped if the lot:
(1)  has remained undeveloped for 25 years or more after the date the lot was platted;
(2)  is part of a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied;
(3)  is part of a subdivision in which 50 percent or more of the lots are 10 acres or less in size;
(4)  had an assessed value of less than $1,000 as of January 1, 2021; and
(5)  as of January 1, 2021, was not valued for ad valorem taxation as land for agricultural use pursuant to Subchapter C, Chapter 23, Tax Code.
(b)  The county does not have an ownership interest in any lot that is administratively determined to be abandoned, unoccupied, and undeveloped or that is placed in a receivership under this subchapter, except for any existing or future legal interest established by other law.
Added by Acts 2021, 87th Leg., R.S., Ch. 1010 (H.B. 1564), Sec. 2, eff. September 1, 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Z. Miscellaneous Provisions › Section 232.901. Certain Value-Based Fees and Disclosure of Certain Information Prohibited

Sec. 232.901.  CERTAIN VALUE-BASED FEES AND DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.  (a)  This section applies only to an application, review, engineering, inspection, acceptance, administrative, or other fee imposed by a county related to the acceptance, review, or processing of engineering or construction plans or for the inspection of improvements for construction in a subdivision or a related improvement associated with or required in conjunction with that construction.
(b)  A county may not consider the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of a fee subject to this section.  The county shall determine the fee by considering the county's actual cost to, as applicable, review and process the engineering or construction plan or to inspect the public infrastructure improvement.
(c)  In determining the county's actual cost for reviewing and processing an engineering or construction plan or inspecting a public infrastructure improvement under Subsection (b), a county may consider:
(1)  the fee that would be charged by a qualified, independent third-party entity for those services;
(2)  the hourly rate for the estimated actual direct time of the county's employees performing those services; or
(3)  the actual costs assessed to the county by a third-party entity that provides those services to the county.
(d)  A county may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling or the public infrastructure improvements for a subdivision, lot, or related property development as a condition of obtaining approval for subdivision construction or for the acceptance of those public infrastructure improvements except as required by the Federal Emergency Management Agency for participation in the National Flood Insurance Program.
(e)  A county that imposes a fee for reviewing or processing an engineering or construction plan or inspecting a public infrastructure improvement shall annually publish the fee and the hourly rate and estimated direct time incurred by county employees for a fee calculated under Subsection (c)(2).  The county must publish the information:
(1)  on the county's Internet website; or
(2)  if the county does not maintain an Internet website, in a newspaper of general circulation in the county.
Added by Acts 2023, 88th Leg., R.S., Ch. 534 (H.B. 3492), Sec. 2, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 233.0615. Definitions; Substantial Improvement; Construction

Sec. 233.0615.  DEFINITIONS; SUBSTANTIAL IMPROVEMENT; CONSTRUCTION.  (a)  In this subchapter:
(1)  "Building" includes an establishment or multifamily dwelling.
(2)  "Substantial improvement" means:
(A)  the repair, restoration, reconstruction, improvement, or remodeling of a building for which the cost exceeds 50 percent of the building's value according to the certified tax appraisal roll for the county for the year preceding the year in which the work was begun; or
(B)  a change in occupancy classification involving a change in the purpose or level of activity in a building, including the renovation of a warehouse into a loft apartment.
(b)  For purposes of this subchapter, substantial improvement begins on the date that the repair, restoration, reconstruction, improvement, or remodeling or the change in occupancy classification begins or on the date materials are first delivered for that purpose.
(c)  For purposes of this subchapter, construction begins on the date that ground is broken for a building, or if no ground is broken, on the date that:
(1)  the first materials are added to the original property;
(2)  foundation pilings are installed on the original property; or
(3)  a manufactured building or relocated structure is placed on a foundation on the original property.
Added by Acts 2005, 79th Leg., Ch. 331 (S.B. 736), Sec. 1, eff. June 17, 2005.
2023 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 233.062. Application and Content of Fire Code

Sec. 233.062.  APPLICATION AND CONTENT OF FIRE CODE.  (a)  The fire code applies only to the following buildings constructed in an unincorporated area of the county:
(1)  a commercial establishment;
(2)  a public building; and
(3)  a multifamily residential dwelling consisting of four or more units.
(b)  The fire code does not apply to an industrial facility having a fire brigade that conforms to requirements of the Occupational Health and Safety Administration.
(c)  The fire code must:
(1)  conform to:
(A)  the International Fire Code, as published by the International Code Council, as the code existed on May 1, 2005; or
(B)  the Uniform Fire Code, as published by the National Fire Protection Association, as the code existed on May 1, 2005; or
(2)  establish protective measures that exceed the standards of the codes described by Subdivision (1).
(d)  The commissioners court may adopt later editions of a fire code listed in Subsection (c).
Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Renumbered from Sec. 235.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(4), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 331 (S.B. 736), Sec. 2, eff. June 17, 2005.
2023 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 233.063. Building Permit; Application

Sec. 233.063.  BUILDING PERMIT;  APPLICATION.  (a)  A person may not construct or substantially improve a building described by Section 233.062(a) in an unincorporated area of the county unless the person obtains a building permit issued in accordance with this subchapter.
(b)  A person may apply for a building permit by providing to the commissioners court:
(1)  a plan of the proposed building containing information required by the commissioners court;  and
(2)  an application fee in an amount set by the commissioners court.
(c)  Within 30 days after the date the commissioners court receives an application and fee in accordance with Subsection (b), the commissioners court shall:
(1)  issue the permit if the plan complies with the fire code;  or
(2)  deny the permit if the plan does not comply with the fire code.
(d)  If the commissioners court receives an application and fee in accordance with Subsection (b) and the commissioners court does not issue the permit or deny the application within 30 days after receiving the application and fee, the construction or substantial improvement of the building that is the subject of the application is approved for the purposes of this subchapter.
Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Renumbered from Sec. 235.003 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(4), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 331 (S.B. 736), Sec. 3, eff. June 17, 2005.
2023 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 233.065. Fees

Sec. 233.065.  FEES.  (a)  The commissioners court may develop a fee schedule based on building type and may set and charge fees for an inspection and the issuance of a building permit and final certificate of compliance under this subchapter.
(b)  The fees must be set in amounts necessary to cover the cost of administering and enforcing this subchapter.
(c)  The county shall deposit fees received under this subchapter in a special fund in the county treasury, and money in that fund may be used only for the administration and enforcement of the fire code.
(d)  The fee for a fire code inspection under this subchapter must be reasonable and reflect the approximate cost of the inspection personnel, materials, and administrative overhead.
Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Renumbered from Sec. 235.005 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(4), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 331 (S.B. 736), Sec. 5, eff. June 17, 2005.
2023 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 233.066. Injunction

Sec. 233.066.  INJUNCTION.  The appropriate attorney representing the county in the district court may seek injunctive relief to prevent the violation or threatened violation of the fire code.
Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Renumbered from Sec. 235.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(4), eff. Sept. 1, 2001.
2023 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 233.067. Civil Penalty

Sec. 233.067.  CIVIL PENALTY.  (a)  The appropriate attorney representing the county in civil cases may file a civil action in a court of competent jurisdiction to recover from a person who violates the fire code a civil penalty in an amount not to exceed $200 for each day on which the violation exists.  In determining the amount of the penalty, the court shall consider the seriousness of the violation.
(b)  The county shall deposit amounts collected under this section in the fund and for the purposes described by Section 233.065(c).
Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1, 1991.  Renumbered from Sec. 235.007 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(4), eff. Sept. 1, 2001.
2023 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 D. Alarm Systems › Section 233.091. Definitions

Sec. 233.091.  DEFINITIONS.  In this subchapter:
(1)  "Alarm site" means the specific property or area of the premises on or within which an alarm system is installed or placed.
(2)  "Alarm system" means an alarm signal device, burglar alarm, heat or motion sensor, or other electrical, mechanical, or electronic device used:
(A)  to prevent or detect burglary, theft, pilferage, fire, or other loss of property;
(B)  to prevent or detect intrusion;  or
(C)  primarily to detect and summon aid for other emergencies.
(3)  "False alarm" means an alarm signal received by a law enforcement official that is later determined not to involve a criminal offense, attempted criminal offense, fire, or other emergency.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.001 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.