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 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.174. Compliance With Comprehensive Plan

Sec. 231.174.  COMPLIANCE WITH COMPREHENSIVE PLAN.  The regulations must be adopted in accordance with a comprehensive plan and must be designed to:
(1)  lessen congestion in the streets and roads;
(2)  secure safety from fire, panic, and other dangers;
(3)  promote health and the general welfare;
(4)  provide adequate light and air;
(5)  prevent the overcrowding of land;
(6)  avoid undue concentration of population;
(7)  facilitate the adequate provision of transportation, water, sewers, parks, and other public requirements;  or
(8)  assist in developing the area into parks, playgrounds, recreational areas, and educational areas and in preserving areas of historical, cultural, or architectural importance or significance for the residents of this state and other states and nations.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.175. Districts

Sec. 231.175.  DISTRICTS.  (a)  The commissioners court may divide the El Paso Mission Trail Historical Area 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, removal, alteration, repair, or use of buildings, other structures, or land.
(b)  The 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, protecting historic landmarks and structures, and encouraging the most appropriate use of land throughout the area.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.176. Commission

Sec. 231.176.  COMMISSION.  (a)  To exercise the powers authorized by this subchapter, the commissioners court shall appoint a commission.  If the county has a planning commission or historic commission, the commissioners court may designate either of those commissions to serve as the commission required by this section.  The commission shall recommend boundaries for the original districts and appropriate regulations for each district.
(b)  The commission shall elect a chairman from its members.  The chairman serves in that capacity for a term set by the commission.  The commission may at any time choose for a particular meeting or occasion an acting chairman as necessary from its members.  In the event of resignation, end of term, or a vacancy, the commissioners court shall appoint new members.  The commission shall fill a vacancy in the office of chairman by election.  The commission may employ a secretary, an acting secretary, and other technical or clerical personnel.
(c)  A member of the commission is not entitled to compensation but is entitled to expenses actually incurred while serving on the commission as provided by order of the commissioners court.
(d)  The commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the commissioners court.  The commissioners court may not take final action or hold a public hearing until it has received the final report of the commission.
(e)  Before the 10th day before the hearing date, written notice of each public hearing before the commission on a proposed change in a classification in the district shall be sent to:
(1)  each owner of affected property or to the person who renders the property for county taxes;  and
(2)  each owner of property that is located within 200 feet of property affected by the change or to the person who renders the property for county taxes.
(f)  The notice may be served by depositing it, postage paid and properly addressed, in the United States mail.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.177. Procedures Governing Adoption of Regulations and District Boundaries

Sec. 231.177.  PROCEDURES GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.  (a)  The commissioners court shall establish procedures for adopting and enforcing regulations and district boundaries.  A regulation or district boundary is not effective until it is adopted by the commissioners court after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard.  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 by a majority vote may amend or reject a regulation or boundary proposed by the commission.
(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.  The protest must be written and signed by the owners of at least 20 percent of either:
(1)  the area of the lots covered by the proposed change;  or
(2)  the lots immediately adjacent to the rear of the lots covered by the proposed change and extending 200 feet from those lots or from the street frontage of the opposite lots.
(d)  After the commissioners court receives the protest, the court shall hold a public hearing.  The court shall publish notice in the manner provided by Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.178. Board of Adjustment

Sec. 231.178.  BOARD OF ADJUSTMENT.  (a)  The commissioners court may provide for the appointment of a board of adjustment.  In the regulations adopted under this subchapter, the commissioners court may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the regulations that are consistent with the general purpose and intent of the regulations and in accordance with any applicable rules contained in the regulations.
(b)  A board of adjustment must consist of five members to be appointed for staggered terms of two years.  The appointing authority may remove a board member for cause on a written charge after a public hearing.  A vacancy on the board shall be filled for the unexpired term.
(c)  The board shall adopt rules in accordance with any order adopted under this subchapter.  Meetings of the board are held at the call of the chairman and at other times as determined by the board.  The chairman or acting chairman may administer oaths and compel the attendance of witnesses.  All meetings of the board shall be open to the public.
(d)  The board shall keep minutes of its proceedings that indicate the vote of each member on each question or indicate that a member is absent or fails to vote.  The board shall keep records of its examinations and other official actions.  The minutes and records shall be filed immediately in the board's office and are public records.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.179. Authority of Board

Sec. 231.179.  AUTHORITY OF BOARD.  (a)  The board of adjustment may:
(1)  hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or a regulation adopted under this subchapter;
(2)  hear and decide special exceptions to the terms of a regulation adopted under this subchapter when the regulation requires the board to do so;  and
(3)  authorize in specific cases a variance from the terms of a regulation adopted under this subchapter if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulation would result in unnecessary hardship, and so that the spirit of the regulation is observed and substantial justice is done.
(b)  In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
(c)  The concurring vote of four members of the board is necessary to:
(1)  reverse an order, requirement, decision, or determination of an administrative official;
(2)  decide in favor of an applicant on a matter on which the board is required to pass under a regulation adopted under this subchapter;  or
(3)  authorize a variation in a regulation adopted under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.180. Appeal to Board

Sec. 231.180.  APPEAL TO BOARD.  (a)  Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:
(1)  a person aggrieved by the decision;  or
(2)  any officer, department, board, or bureau of the county or of a municipality affected by the decision.
(b)  The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal.  The appeal must be filed within a reasonable time as determined by board rule.  On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.
(c)  An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property.  In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.
(d)  The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest.  A party may appear at the appeal hearing in person or by agent or attorney.  The board shall decide the appeal within a reasonable time.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.181. Judicial Review of Board Decision

Sec. 231.181.  JUDICIAL REVIEW OF BOARD DECISION.  (a)  Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(1)  a person aggrieved by a decision of the board;
(2)  a taxpayer;  or
(3)  an officer, department, board, or bureau of the county or of the municipality.
(b)  The petition must be presented within 10 days after the date the decision is filed in the board's office.
(c)  On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision.  The writ must indicate the time within which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court.  Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.
(d)  The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal.  The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(e)  If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take evidence as directed.  The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law.  The referee's report constitutes a part of the proceedings on which the court shall make its decision.
(f)  The court may reverse or affirm, in whole or in part, or modify the decision that is appealed.  The court may not assess costs against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.182. Enforcement; Penalty; Remedies

Sec. 231.182.  ENFORCEMENT;  PENALTY;  REMEDIES.  (a)  The commissioners court may adopt orders to enforce this subchapter or an order or a regulation adopted under this subchapter.
(b)  A person commits an offense if the person violates this subchapter or an order or a regulation adopted under this subchapter.  An offense under this subsection is a Class B misdemeanor.  Each day that a violation occurs constitutes a separate offense.  Trial shall be in a county court.
(c)  A person who violates this subchapter or an order or a regulation adopted under this subchapter is liable to the county for a civil penalty in an amount not to exceed $1,000 for each day the violation exists.  The appropriate attorney representing the county in civil actions may file a civil action in a court of competent jurisdiction to recover the civil penalty.  If the appropriate attorney for the county prevails in the civil action, the person shall reimburse the attorney for the costs of the civil action, including court costs and attorney's fees.  In determining the amount of the penalty, the court shall consider the seriousness of the violation.  A penalty recovered under this subsection shall be deposited in the county treasury to the credit of the general fund.
(d)  If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, razed, or maintained or if a building, other structure, or land is used in violation of this subchapter or an order or a regulation adopted under this subchapter, the appropriate county authority, in addition to other remedies, may institute appropriate action to:
(1)  prevent or remove the unlawful action or use, including an unlawful erection, construction, reconstruction, alteration, repair, conversion, razing, or maintenance;
(2)  enjoin, 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.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.183. Conflict With Other Laws; Exceptions

Sec. 231.183.  CONFLICT WITH OTHER LAWS;  EXCEPTIONS.  (a)  If a regulation adopted under this subchapter requires a greater width or size of a yard, court, or other open space, requires a lower building height or fewer number of stories for a building, requires a greater percentage of a lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local order or regulation, the regulation adopted under this subchapter controls.  If the other statute or local order or regulation imposes higher standards, that statute, order, or regulation controls.
(b)  The commissioners court may require the removal, destruction, or change of any structure or use of any property that does not conform to an order or a regulation adopted under this subchapter only if:
(1)  the court permits the owner's investment in the structure or property to be amortized over a period of time determined by the court;  or
(2)  the court determines the nonconforming structure or property has been permanently abandoned.
(c)  This subchapter or an order or a regulation adopted under this subchapter does not apply to the location, construction, maintenance, or use of central office buildings or equipment used by a person engaged in providing telephone service to the public.
(d)  This subchapter does not authorize the commissioners court to require the removal or destruction of property that exists at the time the court implements this subchapter or restrict the right of a landowner, acting in the owner's behalf, to construct improvements for agriculture and ranching operations or to otherwise use the land for agriculture and ranching operations.  Agriculture and ranching operations include cultivating the soil;  producing crops for human food, animal feed, planting seed, or fiber;  floriculture;  viticulture;  horticulture;  raising or keeping livestock or poultry;  and planting cover crops or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.  The commissioners court may take those actions to restrict or prohibit any commercial agricultural enterprise, such as a commercial feed lot, that are reasonably necessary to protect the public health, safety, peace, morals, and general welfare from the dangers of explosion, flooding, vermin, insects, physical injury, contagious disease, contamination of water supplies, radiation, storage of toxic materials, or other hazards.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter J. Zoning Around Lake Somerville › Section 231.201. Definitions

Sec. 231.201.  DEFINITIONS.  In this subchapter:
(1)  "Affected county" means Burleson, Milam, Lee, or Washington County.
(2)  "Lake area" means the area within 5,000 feet of the project boundary line for Lake Somerville.
Added by Acts 1997, 75th Leg., ch. 1450, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter J. Zoning Around Lake Somerville › Section 231.202. Lake Somerville Planning Commission

Sec. 231.202.  LAKE SOMERVILLE PLANNING COMMISSION.  (a)  A lake planning commission is established for the lake area in Burleson, Milam, Lee, and Washington counties and is composed of:
(1)  one resident of each affected county, appointed by the county judge of that county;  and
(2)  the presiding officer of the commission appointed by the county judge of Burleson County.
(b)  Except for the initial appointed members, the appointed members of the commission are appointed for terms of two years expiring on February 1 of each odd-numbered year.  The initial appointed members are appointed for terms expiring on the first February 1 of an odd-numbered year occurring after the date of their appointment.
(c)  The commissioners courts of the affected counties may employ staff for the use of the commission in performing its functions.
Added by Acts 1997, 75th Leg., ch. 1450, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter J. Zoning Around Lake Somerville › Section 231.203. Commission Studies; Reports; Hearings

Sec. 231.203.  COMMISSION STUDIES;  REPORTS;  HEARINGS.  (a)  At the request of the commissioners court of an affected county, the lake planning commission shall, or on its own initiative the commission may, conduct studies of the lake area in that county and prepare reports to advise the commissioners court about matters affecting the lake area in that county, including the need for zoning regulations in the lake area in that county.
(b)  Before the commission may prepare a report, it must hold a public hearing at which members of the public may present testimony about any subject to be included in the commission's report.  The commission shall give notice of the hearing as required by the commissioners court of the affected county.
Added by Acts 1997, 75th Leg., ch. 1450, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.221. Legislative Findings; Purpose

Sec. 231.221.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  all of Hood County is located within the watershed that drains into Lake Granbury and the Brazos River;
(2)  the area that surrounds Lake Granbury and the Brazos River in Hood County is or will be frequented for recreational purposes by residents from every part of the state;
(3)  orderly development of the area and the watershed is of concern to the entire state;  and
(4)  without adequate development regulations, the area and the watershed will be developed in ways that endanger and interfere with the proper use of that 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:
(1)  promoting the public health, safety, peace, morals, and general welfare;
(2)  encouraging recreation;  and
(3)  safeguarding and preventing the pollution of the state's rivers and lakes.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.222. Areas Subject to Regulation

Sec. 231.222.  AREAS SUBJECT TO REGULATION.  This subchapter applies only to the unincorporated areas of Hood County.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.223. Development Regulations Generally

Sec. 231.223.  DEVELOPMENT REGULATIONS GENERALLY.  The Commissioners Court of Hood County may regulate:
(1)  the percentage of a lot that may be occupied or developed;
(2)  population density;
(3)  the size of buildings;
(4)  the location, design, construction, extension, and size of streets and roads;
(5)  the location, design, construction, extension, size, and installation of water and wastewater facilities, including the requirements for connecting to a centralized water or wastewater system;
(6)  the location, design, construction, extension, size, and installation of drainage facilities and other required public facilities;
(7)  the location, design, and construction of parks, playgrounds, and recreational areas;  and
(8)  the abatement of harm resulting from inadequate water or wastewater facilities.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.224. Compliance With County Plan

Sec. 231.224.  COMPLIANCE WITH COUNTY PLAN.  Development regulations must be:
(1)  adopted in accordance with a county plan for growth and development of the county;  and
(2)  coordinated with the comprehensive plans of municipalities located in the county.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.225. Districts

Sec. 231.225.  DISTRICTS.  (a)  The commissioners court may divide the unincorporated area of the county into districts of a number, shape, and size the court considers best for carrying out this subchapter.
(b)  Development regulations may vary from district to district.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.226. Procedure Governing Adoption of Regulations and District Boundaries

Sec. 231.226.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.  (a)  A development regulation adopted under this subchapter is not effective until it is adopted by the commissioners court after a public hearing.  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 may establish or amend a development regulation only by an order passed by a majority vote of the full membership of the court.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.227. Development Commission

Sec. 231.227.  DEVELOPMENT COMMISSION.  (a)  The commissioners court may appoint a development commission to assist in the implementation and enforcement of development regulations adopted under this subchapter.
(b)  The development commission must consist of an ex officio chairman who must be a public official in Hood County and four additional members.
(c)  The development commission is advisory only and may recommend appropriate development regulations for the county.
(d)  The members of the development commission are subject to the same requirements relating to conflicts of interest that are applicable to the commissioners court under Chapter 171.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.228. Special Exception

Sec. 231.228.  SPECIAL EXCEPTION.  (a)  A person aggrieved by a development regulation adopted under this subchapter may petition the commissioners court or the development commission, if the commissioners court has established a development commission, for a special exception to a development regulation adopted by the commissioners court.
(b)  The commissioners court shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.229. Enforcement; Penalty

Sec. 231.229.  ENFORCEMENT;  PENALTY.  (a)  The commissioners court may adopt orders to enforce this subchapter or an order or development regulation adopted under this subchapter.
(b)  A person commits an offense if the person violates this subchapter or an order or development 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.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 958 (H.B. 3464), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.230. Cooperation With Municipalities

Sec. 231.230.  COOPERATION WITH MUNICIPALITIES.  The commissioners court by order may enter into agreements with any municipality located in the county to assist in the implementation and enforcement of development regulations adopted under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter K. Development Regulations in Hood County › Section 231.231. Conflict With Other Laws

Sec. 231.231.  CONFLICT WITH OTHER LAWS.  If a development regulation adopted under this subchapter imposes higher standards than those required under another statute or local order or regulation, the regulation adopted under this subchapter controls.  If the other statute or local order or regulation imposes higher standards, that statute, order, or regulation controls.
Added by Acts 1999, 76th Leg., ch. 1227, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.251. Legislative Findings; Purpose

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.252. Areas Subject to Regulation

Sec. 231.252.  AREAS SUBJECT TO REGULATION.  This subchapter applies only to the unincorporated area of counties exercising the powers of a Type A municipality located within 25,000 feet of:
(1)  the project boundary line for Falcon Lake;
(2)  the Rio Grande River; and
(3)  tributaries and arroyos leading to Falcon Lake or to the Rio Grande River.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1054 (H.B. 4607), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.253. Falcon Lake Planning Commission

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.254. Commission Study and Report; Hearing

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.255. Zoning Regulations

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.256. Districts

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter L. Zoning Around Falcon Lake › Section 231.257. Enforcement; Penalty; Remedies

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 797 (S.B. 63), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter M. Regulation of Cottage Food Production Operations › Section 231.281. Definitions

Sec. 231.281.  DEFINITIONS.  In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter M. Regulation of Cottage Food Production Operations › Section 231.282. Certain Zoning Regulations Prohibited

Sec. 231.282.  CERTAIN ZONING REGULATIONS PROHIBITED.  A county zoning ordinance may not prohibit the use of a home for cottage food production operations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 231 - County Zoning Authority › Subchapter M. Regulation of Cottage Food Production Operations › Section 231.283. Action for Nuisance or Other Tort

Sec. 231.283.  ACTION FOR NUISANCE OR OTHER TORT.  This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual's use of the individual's home for cottage food production operations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 8, eff. September 1, 2013.
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 A. Subdivision Platting Requirements in General › Section 232.0012. Construction of Subchapter

Sec. 232.0012.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to restrict a county from establishing a submittal calendar to be used by an applicant to facilitate compliance with the approval process described by Sections 232.0025, 232.0026, 232.0027, and 232.0028.
Added by Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), 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 232 - County Regulation of Subdivisions › Subchapter A. Subdivision Platting Requirements in General › Section 232.0013. Chapter-Wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction

Sec. 232.0013.  CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION.  The authority of a county under this chapter relating to the regulation of plats or subdivisions in the extraterritorial jurisdiction of a municipality is subject to any applicable limitation prescribed by an agreement under Section 242.001 or by Section 242.002.
Added by Acts 2003, 78th Leg., ch. 523, Sec. 7, eff. June 20, 2003.
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 A. Subdivision Platting Requirements in General › Section 232.002. Approval by County Required

Sec. 232.002.  APPROVAL BY COUNTY REQUIRED.  (a)  The commissioners court of the county in which the land is located must approve, by an order entered in the minutes of the court, a plat required by Section 232.001.  The commissioners court may refuse to approve a plat if it does not meet the requirements prescribed by or under this chapter or if any bond required under this chapter is not filed with the county.
(b)  The commissioners court may not approve a plat unless the plat and other documents have been prepared as required by Section 232.0035, if applicable.
(c)  If no portion of the land subdivided under a plat approved under this section is sold or transferred before January 1 of the 51st year after the year in which the plat was approved, the approval of the plat expires, and the owner must resubmit a plat of the subdivision for approval.  A plat resubmitted for approval under this subsection is subject to the requirements prescribed by this chapter at the time the plat is resubmitted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.04, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 884, Sec. 1, eff. June 14, 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 A. Subdivision Platting Requirements in General › Section 232.0021. Plat Application Fee

Sec. 232.0021.  PLAT APPLICATION FEE.  (a)  The commissioners court may impose an application fee to cover the cost of the county's review of a subdivision plat and inspection of street, road, and drainage improvements described by the plat.
(b)  The fee may vary based on the number of proposed lots in the subdivision, the acreage described by the plat, the type or extent of proposed street and drainage improvements, or any other reasonable criteria as determined by the commissioners court.
(c)  The owner of the tract to be subdivided must pay the fee at the time directed by the county before the county conducts a review of the plat.
(d)  The fee is subject to refund under Section 232.0025(i).
Added by Acts 2003, 78th Leg., ch. 301, Sec. 9, eff. Sept. 1, 2003.
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 A. Subdivision Platting Requirements in General › Section 232.0022. Delegation of Approval Responsibility

Sec. 232.0022.  DELEGATION OF APPROVAL RESPONSIBILITY.  (a)  The commissioners court of a county or the court's designee may designate to one or more officers or employees of the county the authority to approve, approve with conditions, or disapprove a plat.
(b)  An applicant has the right to appeal to the commissioners court or the court's designee if the designated person or persons disapprove a plat.
Added by Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), 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 232 - County Regulation of Subdivisions › Subchapter A. Subdivision Platting Requirements in General › Section 232.0023. Approval Procedure: Applicability

Sec. 232.0023.  APPROVAL PROCEDURE: APPLICABILITY. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d).
Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 8, eff. September 1, 2019.