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 E. Zoning Around Certain Lakes › Section 231.074. Zoning and Building Construction Ordinances

Sec. 231.074.  ZONING AND BUILDING CONSTRUCTION ORDINANCES.  (a)  The commissioners court of a county may adopt ordinances, not inconsistent with state law, that apply only to the lake area in the county and that regulate:
(1)  the height, number of stories, or size of buildings;
(2)  the percentage of a lot that may be occupied;
(3)  the size of yards and other spaces;
(4)  population density;
(5)  the location and use of buildings and land for commercial, industrial, residential, or other purposes;  and
(6)  building construction standards.
(b)  The commissioners court may not regulate the use, design, or placement of public utility buildings, land, or facilities.
(c)  The commissioners court may not regulate for siting or zoning purposes new manufactured or industrialized housing that is constructed to preemptive state or federal building standards in any manner that is different from regulation of site-built housing.
(d)  The commissioners court shall adopt rules as necessary to carry out this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.075. Local Option Election

Sec. 231.075.  LOCAL OPTION ELECTION.  (a)  This subchapter applies only to a county in which a majority of the voters voting on the question approve this subchapter's grant of authority to the county.  The commissioners court shall order and hold an election if the court is petitioned to do so under Section 231.076.  The commissioners court may not order and hold the election on its own motion.
(b)  If an election is held, the ballot shall be printed to provide for voting for or against the proposition:  "Granting authority to the county to adopt zoning and building construction ordinances for the areas around lakes."
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.076. Petition; Verification

Sec. 231.076.  PETITION;  VERIFICATION.  (a)  A petition for the local option election must include a statement worded substantially as provided by this subsection and located on each page of the petition preceding the space reserved for signatures:  "This petition is to request that an election be held in (name of county) to authorize the county to adopt zoning and building construction ordinances for the areas around lakes."
(b)  To be valid, a petition must be signed by registered voters of the county in a number equal to at least 10 percent of the number of votes received by all candidates for governor in the county in the most recent gubernatorial general election.  The petition must also include each signer's current voter registration number, printed name, and residence address, including zip code.
(c)  Each signer must enter beside the signature the date on which the petition is signed.  A signature may not be counted if the signer fails to include the date or if the date of signing is before the 90th day before the date the petition is submitted to the commissioners court.
(d)  Within five days after the date a petition is received in the office of the commissioners court, the commissioners court shall submit the petition for verification to the county clerk, who shall determine whether the petition meets the requirements imposed by this section.  Within 30 days after the date the petition is submitted to the county clerk for verification, the county clerk shall certify in writing to the commissioners court whether the petition is valid.  If the county clerk determines that the petition is invalid, the clerk shall state the reasons for that determination.
(e)  If the county clerk certifies that a petition is valid, the commissioners court shall order the election to be held on the first uniform election date authorized by Section 41.001, Election Code, that occurs after the 35th day after the date the court receives the county clerk's certification.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.077. Lake Planning Commission

Sec. 231.077.  LAKE PLANNING COMMISSION.  (a)  A lake planning commission is established for each lake area in a county subject to this subchapter and is composed of:
(1)  three residents of the county who own land in the county, appointed by the county judge;
(2)  one resident of each commissioners precinct in the county, appointed by the county commissioner for that precinct;  and
(3)  the mayor of each municipality that includes any part of that lake area in the county.
(b)  Except for the initial appointed members, the appointed members of a 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)  A commission annually shall elect a chairman and vice-chairman from its members.  The commissioners court shall employ staff for the use of the commission in performing its functions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.078. Commission Duties; Rules

Sec. 231.078.  COMMISSION DUTIES;  RULES.  (a)  The commissioners court may assign a lake planning commission any duties that the court considers appropriate and that are not inconsistent with this subchapter.
(b)  The commissioners court shall adopt rules governing the operations of the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.079. Commission Studies; Reports; Hearings

Sec. 231.079.  COMMISSION STUDIES;  REPORTS;  HEARINGS.  (a)  At the request of the commissioners court, a lake planning commission shall, or on its own initiative a commission may, conduct studies of the lake area over which it has jurisdiction and prepare reports to advise the commissioners court about the boundaries of the original zoned districts, other regulations for the lake area, and changes to those districts or regulations.
(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.
(c)  If a report will advise the commissioners court about proposed action regarding the zoning classification of a parcel of land, the commission shall send written notice to each landowner, as listed on the county tax rolls, whose land is directly affected by the proposed action or whose land is located within 200 feet of land directly affected.  The notice must inform the landowner of the time and place of the public hearing at which the landowner may present testimony to the commission about the proposed action and must be deposited in the United States mail before the 10th day before the date of the hearing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.080. Adoption of Ordinance After Receipt of Report

Sec. 231.080.  ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.  The commissioners court may adopt a proposed ordinance only after the court receives a lake planning commission's report prepared under Section 231.079 relating to the proposed ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.081. Special Exceptions

Sec. 231.081.  SPECIAL EXCEPTIONS.  (a)  The commissioners court may grant a special exception to an ordinance adopted under this subchapter if the court finds that the grant of the special exception will not be contrary to the public interest and that a literal enforcement of the ordinance would result in an unnecessary hardship.
(b)  The commissioners court shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.082. Conflict With Other Action

Sec. 231.082.  CONFLICT WITH OTHER ACTION.  If an ordinance adopted under this subchapter conflicts with an action of a special-purpose district or authority that owns the lake or reservoir or an action of a municipality that applies to a lake area in the county, the municipal or special-purpose district action controls to the extent of the conflict.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Zoning Around Certain Lakes › Section 231.083. Enforcement

Sec. 231.083.  ENFORCEMENT.  (a)  The county attorney or other prosecuting attorney representing the county in the district court may file an action to enjoin the violation or threatened violation of an ordinance adopted under this subchapter.  The court may grant appropriate relief.
(b)  If an ordinance adopted under this subchapter defines an offense, an offense under that order is a Class C misdemeanor.  The offense shall be prosecuted in the same manner as an offense defined by state law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.101. Legislative Findings; Purpose

Sec. 231.101.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  those parts of a county that surround Lake Tawakoni and Lake Ray Roberts will be 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 will be frequented for resort or recreational purposes will 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 recreation.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.102. Definition

Sec. 231.102.  DEFINITION.  In this subchapter "lake area" means the area within 5,000 feet of the project boundary line for Lake Tawakoni or Lake Ray Roberts, which is defined as the 447 foot elevation take line for Lake Tawakoni and the 645 foot elevation take line for Lake Ray Roberts.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52 (a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.103. Lakes Covered by Subchapter

Sec. 231.103.  LAKES COVERED BY SUBCHAPTER.  This subchapter applies only to Lake Tawakoni and Lake Ray Roberts.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.104. Zoning and Building Construction Ordinances

Sec. 231.104.  ZONING AND BUILDING CONSTRUCTION ORDINANCES.  (a)  The commissioners court of a county may adopt ordinances, not inconsistent with state law, that apply only to the lake area in the county and that regulate:
(1)  the height, number of stories, or size of buildings in the area;
(2)  the percentage of a lot that may be occupied;
(3)  the size of yards and other spaces;
(4)  population density;
(5)  the location and use of buildings and land for commercial, industrial, residential, or other purposes; and
(6)  building construction standards.
(b)  The commissioners court may not adopt an ordinance in conflict with Chapter 2154, Occupations Code, or with any rule adopted under that chapter. An ordinance adopted in conflict with that chapter is void.
(c)  This Act does not authorize a commissioners court to issue any order or regulation in conflict with a municipal ordinance or state agency rule pertaining to the regulation of billboards or outdoor advertising.  An order or regulation issued in conflict with a municipal ordinance or state agency rule is void.
(d)  The commissioners court may not regulate for siting or zoning purposes new manufactured or industrialized housing that is constructed to preemptive state or federal building standards in any manner that is different from regulation of site-built housing.
(e)  The commissioners court shall adopt rules as necessary to carry out this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.823, 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 231 - County Zoning Authority › Subchapter F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.105. Local Option Election

Sec. 231.105.  LOCAL OPTION ELECTION.  (a)  This subchapter applies only to a county in which a majority of the voters voting on the question approve this subchapter's grant of authority to the county.  The commissioners court shall order and hold an election if the court is petitioned to do so under Section 231.106.  The commissioners court may not order and hold the election on its own motion.
(b)  If an election is held, the ballot shall be printed to provide for voting for or against the proposition: "Granting authority to the county to adopt zoning and building construction ordinances for the areas in the county around (name of the appropriate lake)." Each qualified voter of each affected precinct is entitled to vote in the election.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.106. Petition; Verification

Sec. 231.106.  PETITION;  VERIFICATION.  (a)  A petition for a local option election must include a statement worded substantially as follows and located on each page of the petition preceding the space reserved for signatures: "This petition is to request that an election be held in (name of county) to authorize the county to adopt zoning and building construction ordinances for the areas in the county around (name of the appropriate lake)."
(b)  To be valid, a petition must be signed by registered voters of the county in a number equal to at least 10 percent of the number of votes received by all candidates for governor in each affected precinct in the most recent gubernatorial general election.  The petition must also include each signer's current voter registration number, printed name, and residence address, including zip code.
(c)  Each signer must enter beside the signature the date on which the petition is signed.  A signature may not be counted if the signer fails to include the date or if the date of signing is before the 90th day before the date the petition is submitted to the commissioners court.
(d)  Within five days after the date a petition is received in the office of the commissioners court, the commissioners court shall submit the petition for verification to the county clerk, who shall determine whether the petition meets the requirements imposed by this section.  Within 30 days after the date the petition is submitted to the county clerk for verification, the county clerk shall certify in writing to the commissioners court whether the petition is valid.  If the county clerk determines that the petition is invalid, the clerk shall state the reasons for that determination.
(e)  If the county clerk certifies that a petition is valid, the commissioners court shall order the election to be held on the first uniform election date authorized by Section 41.001, Election Code, that occurs after the date the court receives the county clerk's certification and that allows for compliance with the time requirements prescribed by Chapter 3, Election Code.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.107. Lake Planning Commission

Sec. 231.107.  LAKE PLANNING COMMISSION.  (a)  A lake planning commission is established for the lake area in the county and is composed of:
(1)  three residents of the affected precincts who own land in the county, appointed by the county judge of the county;
(2)  one resident of each commissioners precinct that is affected, appointed by the county commissioner for that precinct, and if only one precinct is affected, the commissioner shall appoint two;  and
(3)  the mayor of each municipality the territory or extraterritorial jurisdiction of which includes any part of the lake area in the 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 commission annually shall elect a chairman and vice-chairman from its members.  The commissioners court shall employ staff for the use of the commission in performing its functions.
(d)  A mayor serving on the commission may designate another person to serve in place of the mayor at one or more commission meetings.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 6, 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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.108. Commission Duties; Rules

Sec. 231.108.  COMMISSION DUTIES;  RULES.  (a)  The commissioners court may assign the lake planning commission any duties that the court considers appropriate and that are not inconsistent with this subchapter.
(b)  The commissioners court shall adopt rules governing the operations of the commission.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.109. Commission Studies; Reports; Hearings

Sec. 231.109.  COMMISSION STUDIES;  REPORTS;  HEARINGS.  (a)  At the request of the commissioners court, the lake planning commission shall, or on its own initiative the commission may, conduct studies of the lake area in the county and prepare reports to advise the commissioners court about the boundaries of the original zoned districts, other regulations for the lake area, and changes to those districts or regulations.
(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.
(c)  If a report will advise the commissioners court about proposed action regarding the zoning classification of a parcel of land, the commission shall send written notice to each landowner, as listed on the county tax rolls, whose land is directly affected by the proposed action or whose land is located within 200 feet of land directly affected.  The notice must inform the landowner of the time and place of the public hearing at which the landowner may present testimony to the commission about the proposed action and must be deposited in the United States mail before the 10th day before the date of the hearing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.110. Adoption of Ordinance After Receipt of Report

Sec. 231.110.  ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.  The commissioners court may adopt a proposed ordinance only after the court receives the lake planning commission's report prepared under Section 231.109 relating to the proposed ordinance.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.111. Special Exceptions

Sec. 231.111.  SPECIAL EXCEPTIONS.  (a)  The lake planning commission may recommend, subject to approval by the commissioners court, a special exception to an ordinance adopted under this subchapter if the commission finds that the grant of the special exception will not be contrary to the public interest and that a literal enforcement of the ordinance would result in an unnecessary hardship.
(b)  The commission shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.112. Conflict Between Ordinances

Sec. 231.112.  CONFLICT BETWEEN ORDINANCES.  If an ordinance adopted under this subchapter conflicts with an action of a municipality that applies to any part of the lake area located in the county and the municipality, the municipal action controls to the extent of the conflict.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 F. Zoning Around Lake Tawakoni and Lake Ray Roberts › Section 231.113. Enforcement

Sec. 231.113.  ENFORCEMENT.  (a)  The county attorney or other prosecuting attorney representing the county in the district court is entitled to appropriate injunctive relief to prevent a violation or threatened violation of an ordinance adopted under this subchapter from continuing or occurring.
(b)  If an ordinance adopted under this subchapter defines an offense, the offense is a Class C misdemeanor.  The offense shall be prosecuted in the same manner as an offense defined by state law.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.131. Legislative Findings; Purpose

Sec. 231.131.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the areas that surround Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois d'Arc Creek Reservoir are or will be frequented for recreational purposes by residents from every part of the state;
(2)  development in the area, including the construction of on-site water treatment systems or other sources of contamination, may impact the water quality in the lakes and the reservoir;
(3)  orderly development and use of the area is of concern to the entire state; and
(4)  buildings in the area that will be frequented for resort or recreational purposes will 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 recreation.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 2, eff. May 8, 1991;  Acts 2003, 78th Leg., ch. 977, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 13 (S.B. 525), Sec. 2, eff. April 29, 2011.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.132. Areas Subject to Regulation

Sec. 231.132.  AREAS SUBJECT TO REGULATION.  (a)  This subchapter applies to:
(1)  those parts of Garza County located within three miles of the high water marks established for Lake Alan Henry and Post Lake except land located in Garza County and owned by the White River Municipal Water District;
(2)  those parts of Kent County located within three miles of the high water marks established for Lake Alan Henry;
(3)  the area within 10,000 feet of where the shoreline of Lake Cooper would be if the lake were filled to its storage capacity;
(4)  the area within 5,000 feet of where the shoreline of Lake Ralph Hall would be if the lake were filled to its storage capacity; and
(5)  the area within 5,000 feet of where the shoreline of the Lower Bois d'Arc Creek Reservoir would be if the reservoir were filled to its storage capacity.
(b)  The areas described by Subsection (a) are subject to regulation under this subchapter regardless of whether the construction of an affected lake or reservoir is complete.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 13, Sec. 4, eff. April 29, 2011.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 3, eff. May 8, 1991;  Acts 2001, 77th Leg., ch. 1125, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 997, Sec. 3, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1309, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 13 (S.B. 525), Sec. 3, eff. April 29, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 13 (S.B. 525), Sec. 4, eff. April 29, 2011.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.133. Zoning Regulations Generally

Sec. 231.133.  ZONING REGULATIONS GENERALLY.  (a)  The commissioners court of a county in which an area subject to this subchapter is located may regulate in that area:
(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.
(b)  The commissioners court may not regulate for siting or zoning purposes new manufactured or industrialized housing, constructed to preemptive state or federal building standards, in any manner that is different from regulation of site-built housing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 4, eff. May 8, 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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.134. Compliance With Comprehensive Plan

Sec. 231.134.  COMPLIANCE WITH COMPREHENSIVE PLAN.  Zoning 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, and recreational areas for the residents of this state and other states and nations.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.135. Districts

Sec. 231.135.  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 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.136. Zoning Commission

Sec. 231.136.  ZONING COMMISSION.  (a)  The commissioners court shall appoint a zoning commission.  The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district.  The commission must consist of an ex officio chairman and four additional members.
(b)  The commissioners court shall appoint a chairman who must be a public official in the county. The chairman serves a two-year term of office.  The other members serve four-year terms.  In making the initial appointments of the other members, the commissioners court shall designate the members for staggered terms of one, two, three, and four years.  In the event of resignation, end of term, or a vacancy, the court shall appoint new members.  The court shall fill a vacancy in the office of chairman by appointment. The zoning commission may employ a secretary, an acting secretary, and other technical or clerical personnel.
(c)  A member of the commission is entitled to compensation in the amount of $10 a month except that the chairman of the zoning commission is not entitled to compensation under this section if the chairman receives compensation in the chairman's capacity as a public official in the county. A member of the commission may also be entitled to expenses actually incurred while serving on the commission as provided by order of the commissioners court.
(d)  The zoning 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 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 zoning commission on a proposed change in a zoning classification 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 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 5, eff. May 8, 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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.137. Procedure Governing Adoption of Regulations and District Boundaries

Sec. 231.137.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.  (a)  A zoning regulation or zoning district boundary proposed by the zoning commission 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 by a majority vote may amend or reject a regulation or boundary proposed by the zoning 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 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 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.138. Special Exception

Sec. 231.138.  SPECIAL EXCEPTION.  (a)  Any of the following persons may petition the commissioners court for a special exception to a zoning regulation adopted by the commissioners court:
(1)  a person aggrieved by the regulation; or
(2)  any officer, department, board, or bureau of the county or of a municipality in the county.
(b)  The commissioners court shall hold a public hearing on the petition and shall publish notice of the hearing before the 15th day before the date of the hearing in a newspaper of general circulation in the county.
(c)  Except as provided by Subsection (d), the commissioners court may grant a petition for a special exception by majority vote.
(d)  If a proposed special exception to a zoning regulation is protested in accordance with this subsection, the proposed special exception 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 presented at the hearing and signed by the owners of at least 20 percent of:
(1)  the lots covered by the proposed exception; or
(2)  the lots immediately adjacent to the rear of the lots covered by the proposed exception extending 200 feet from those lots or from the street frontage of the opposite lots.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.139. Enforcement; Penalty; Remedies

Sec. 231.139.  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 or a zoning regulation.  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 district court.
(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 action or use;
(2)  restrain, correct, or abate the violation;
(3)  prevent the occupancy of the building, other structure, or land; or
(4)  prevent any illegal act, conduct, business, or use on or about the premises.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.140. Conflict With Other Laws; Exceptions

Sec. 231.140.  CONFLICT WITH OTHER LAWS;  EXCEPTIONS.  (a)  If a zoning 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)  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.
(c)  This subchapter, an order adopted under this subchapter, or a zoning regulation 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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.
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 G. Zoning Around Lake Alan Henry, Lake Cooper, Lake Ralph Hall, Post Lake, and Lower Bois D'arc Creek Reservoir › Section 231.141. Regulation of Sam Wahl Recreation Area

Sec. 231.141.  REGULATION OF SAM WAHL RECREATION AREA.  (a)  The Commissioners Court of Garza County may zone for commercial or residential development the area adjacent to Lake Alan Henry known as the Sam Wahl Recreation Area.
(b)  Notwithstanding this chapter, Chapter 253, or other law, a municipality owning property in the Sam Wahl Recreation Area may develop, change the use of, or dispose of the property.
Added by Acts 1999, 76th Leg., ch. 109, Sec. 1, eff. Sept. 1, 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 I. Zoning and Other Regulation in El Paso Mission Trail Historical Area › Section 231.171. Legislative Findings; Purpose

Sec. 231.171.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the El Paso Mission Trail Historical Area will be frequented for recreational and educational 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 will be frequented for recreational, cultural, or educational purposes will tend to become congested and to be used in ways that interfere with the proper use of the area as a place of recreation, education, and historic preservation 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, protecting and preserving places and areas of historical, cultural, or architectural importance and significance, and encouraging recreation and education.
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 231.172. Area Subject to Regulation

Sec. 231.172.  AREA SUBJECT TO REGULATION.  This subchapter applies to the area of land in El Paso County, to be known as the El Paso Mission Trail Historical Area, described by Section 2, House Bill No. 2561, Acts of the 72nd Legislature, Regular Session, 1991.
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 231.173. Zoning and Other Regulations Generally

Sec. 231.173.  ZONING AND OTHER REGULATIONS GENERALLY.  The commissioners court of El Paso County may regulate in the El Paso Mission Trail Historical Area:
(1)  the height, number of stories, and size of buildings or 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;
(6)  the construction, reconstruction, alteration, or razing of buildings or other structures of historical, cultural, or architectural significance;
(7)  the placement of water and sewage facilities, parks, and other public requirements;
(8)  the style of and construction standards applying to buildings and other structures;  and
(9)  the location, size, style, and other characteristics of signs.
Added by Acts 1991, 72nd Leg., ch. 755, Sec. 1, eff. June 16, 1991.