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 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.092. Authority to Regulate; Adoption of Rules

Sec. 233.092.  AUTHORITY TO REGULATE;  ADOPTION OF RULES.  (a)  The commissioners court of a county by order may authorize the sheriff of a county to:
(1)  propose rules to implement this subchapter;
(2)  regulate the incidence of and response to false alarms in accordance with the rules proposed by the sheriff and adopted or modified by the commissioners court under this subchapter;
(3)  establish procedures for application for and renewal and revocation of an alarm system permit;
(4)  establish procedures that include notice to the permit holder and an opportunity for a hearing for permit revocation or suspension if the permit holder violates this subchapter or an order of the commissioners court or a rule adopted under this subchapter;
(5)  establish fees in accordance with this subchapter for the issuance of the permits;
(6)  require that any permit issued under this subchapter be kept at the alarm site and produced for inspection on request of the sheriff or the sheriff's representative;
(7)  require that a permit must be issued and unrevoked before a sheriff or other law enforcement official may respond;  and
(8)  establish a number of free false alarms for each category of alarm system and impose a service response fee for any alarm in excess of the number of free responses within the preceding 12-month period.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 1296, Sec. 5, eff. June 18, 2005.
(c)  A penalty or fee imposed for a false alarm must be established by rule based on the type and level of emergency response provided.  The fee for more than five false alarms shall not exceed $75 per false alarm above the number of free responses.  If there are more than nine false alarms in a one-year period, the alarm system permit may be revoked.
(d)  Notwithstanding the other provisions of this section, the owner or lessee of premises on which an alarm system is installed may be charged the full costs incurred by the county when the owner or lessee or the agent or employee of the owner or lessee intentionally or knowingly activates the alarm system for any reason other than an emergency or threat of an emergency of the kind for which the alarm system was designed to give notice.
(e)  The sheriff or the sheriff's representative shall provide a copy of the rules to a person and assess a fee for the copy in accordance with Chapter 552, Government Code.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.  Renumbered from Sec. 237.002 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1296 (H.B. 2626), Sec. 5, eff. June 18, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.093. Permit Required; Exceptions

Sec. 233.093.  PERMIT REQUIRED;  EXCEPTIONS.  (a)  In a county in which the sheriff regulates alarm systems under this subchapter, a person may not use an alarm system without a permit issued in accordance with this subchapter.
(b)  This subchapter does not apply to:
(1)  emergency response systems managed by health care facilities licensed by the Texas Department of Health;  or
(2)  alarm systems installed on:
(A)  a motor vehicle;
(B)  premises occupied by the United States, this state, or the county;  or
(C)  premises located in an incorporated area within the county.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.003 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.094. Permit Fees

Sec. 233.094.  PERMIT FEES.  (a)  The sheriff of a county who regulates alarm systems under this subchapter may authorize the county auditor to assess and collect fees for the issuance or renewal of a permit under this subchapter in reasonable amounts set by the commissioners court.
(b)  All fees received under this subchapter shall be remitted to the county treasurer to be deposited to the credit of the general fund of the county.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.004 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.095. Municipal Authority Unaffected

Sec. 233.095.  MUNICIPAL AUTHORITY UNAFFECTED.  This subchapter does not affect the authority of a municipality in the county to enact ordinances regulating alarm systems.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.005 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.096. Criminal Penalty

Sec. 233.096.  CRIMINAL PENALTY.  (a)  A person who violates this subchapter, an order of the commissioners court, or a rule adopted under this subchapter commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.006 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.097. County Liability

Sec. 233.097.  COUNTY LIABILITY.  The county, the commissioners court, the sheriff, and the sheriff's employees or agents are not liable for an action arising out of the regulation of or failure to regulate alarm systems.
Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 237.007 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter D. Alarm Systems › Section 233.098. Enforced Collection

Sec. 233.098.  ENFORCED COLLECTION.  The appropriate attorney representing the county may file a civil action in a court of competent jurisdiction to recover a penalty or fee imposed by a county under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1296 (H.B. 2626), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.151. Definitions

Sec. 233.151.  DEFINITIONS.  (a)  In this subchapter, "new residential construction" includes:
(1)  residential construction of a single-family house or duplex on a vacant lot; and
(2)  construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent.
(b)  The term does not include a structure that is constructed in accordance with Chapter 1201, Occupations Code, or a modular home constructed in accordance with Chapter 1202, Occupations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), 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 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.152. Applicability

Sec. 233.152.  APPLICABILITY.  This subchapter applies only to a county that has adopted a resolution or order requiring the application of the provisions of this subchapter and that:
(1)  is located within 50 miles of an international border; or
(2)  has a population of more than 100.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), 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 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.153. Building Code Standards Applicable

Sec. 233.153.  BUILDING CODE STANDARDS APPLICABLE.  (a)  New residential construction of a single-family house or duplex in the unincorporated area of a county to which this subchapter applies shall conform to the version of the International Residential Code published as of May 1, 2008, or the version of the International Residential Code that is applicable in the county seat of that county.
(b)  Standards required under this subchapter apply only to new residential construction that begins after September 1, 2009.
(c)  If a municipality located within a county to which this subchapter applies has adopted a building code in the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under this subchapter have no effect in the municipality's extraterritorial jurisdiction.
(d)  This subchapter may not be construed to:
(1)  require prior approval by the county before the beginning of new residential construction;
(2)  authorize the commissioners court of a county to adopt or enforce zoning regulations; or
(3)  affect the application of the provisions of Subchapter B, Chapter 232, to land development.
(e)  In the event of a conflict between this subchapter and Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter 232, control.
(f)  A county may not charge a fee to a person subject to standards under this subchapter to defray the costs of enforcing the standards.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), 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 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.155. Enforcement of Standards

Sec. 233.155.  ENFORCEMENT OF STANDARDS.  (a)  If proper notice is not submitted in accordance with Sections 233.154(b) and (c), the county may take any or all of the following actions:
(1)  refer the inspector to the appropriate regulatory authority for discipline;
(2)  in a suit brought by the appropriate attorney representing the county in the district court, obtain appropriate injunctive relief to prevent a violation or threatened violation of a standard or notice required under this subchapter from continuing or occurring; or
(3)  refer the builder for prosecution under Section 233.157.
(b)  If the notice the builder provided to the county under Section 233.154(c) does not indicate that the inspection showed compliance with the applicable building code standards, the county may take either or both of the actions under Subsections (a)(2) and (3).
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 774 (H.B. 2040), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.156. Existing Authority Unaffected

Sec. 233.156.  EXISTING AUTHORITY UNAFFECTED.  The authority granted by this subchapter does not affect the authority of a commissioners court to adopt an order under other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), 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 233 - County Regulation of Housing and Other Structures › Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties › Section 233.157. Penalty

Sec. 233.157.  PENALTY.  (a)  A builder commits an offense if:
(1)  the builder fails to provide proper notice in accordance with Sections 233.154(b) and (c); or
(2)  as provided by Section 233.155(b), the builder does not provide notice under Section 233.154(c) that indicates that the inspection showed compliance with the applicable building code standards.
(b)  An offense under this section is a Class C misdemeanor.
(c)  An individual who fails to provide proper notice in accordance with Sections 233.154(b) and (c) is not subject to a penalty under this subsection if:
(1)  the new residential construction is built by the individual or the individual acts as the individual's own contractor; and
(2)  the individual intends to use the residence as the individual's primary residence.
(d)  It is an affirmative defense to prosecution for failure to submit proper notice under Section 233.154(c) if the builder's failure to submit a notice is the result of the failure of the person who performed the inspection to provide appropriate documentation to the builder for submission to the county.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 774 (H.B. 2040), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 233 - County Regulation of Housing and Other Structures › Subchapter Z. Miscellaneous Provisions › Section 233.901. Time for Issuance of County Building Permit

Sec. 233.901.  TIME FOR ISSUANCE OF COUNTY BUILDING PERMIT.  (a)  This section applies only to a permit required by a county with a population of 3.3 million or more to construct or improve a building or other structure in the county, but does not apply to a permit for an on-site sewage disposal system.
(b)  Not later than the 45th day after the date an application for a permit is submitted, the county must:
(1)  grant or deny the permit;
(2)  provide written notice to the applicant stating the reasons why the county has been unable to act on the permit application; or
(3)  reach a written agreement with the applicant providing for a deadline for granting or denying the permit.
(c)  For a permit application for which notice is provided under Subsection (b)(2), the county must grant or deny the permit not later than the 30th day after the date the notice is received.
(d)  If a county fails to act on a permit application in the time required by Subsection (c) or by an agreement under Subsection (b)(3), the county:
(1)  may not collect any permit fees associated with the application; and
(2)  shall refund to the applicant any permit fees associated with the application that have been collected.
Added by Acts 2005, 79th Leg., Ch. 918 (H.B. 266), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter A. Certain Outdoor Businesses › Section 234.001. Definitions

Sec. 234.001.  DEFINITIONS.  In this subchapter:
(1)  "Automotive wrecking and salvage yard" means a business, other than a business classified as a salvage pool operator under Chapter 2302, Occupations Code, that stores three or more wrecked vehicles outdoors for the purpose of:
(A)  selling the vehicles whole;  or
(B)  dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business.
(2)  "Demolition business" means a business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them.
(3)  "Flea market" means an outdoor market for selling secondhand articles or antiques.
(4)  "Junkyard" means a business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them.
(5)  "Outdoor resale business" means a business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors.
(6)  "Recycling business" means a business that is primarily engaged in:
(A)  converting ferrous or nonferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value;
(B)  using raw material products of that kind in the production of new products;  or
(C)  obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by Paragraph (A) or (B).
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 8.01(a), eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(6), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.789, 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 234 - County Regulation of Businesses and Occupations › Subchapter A. Certain Outdoor Businesses › Section 234.002. Authority to Regulate; Adoption of Rule

Sec. 234.002.  AUTHORITY TO REGULATE;  ADOPTION OF RULE.  (a)  The commissioners court of a county by order may establish visual aesthetic standards for automotive wrecking and salvage yards, junkyards, recycling businesses, flea markets, demolition businesses, and outdoor resale businesses in the unincorporated area of the county.
(b)  The commissioners court may not include in an order adopted under this section a screening requirement for an automotive wrecking and salvage yard or a junkyard that is less restrictive than the screening requirement under Chapter 396, Transportation Code.
(c)  An order adopted under this section must provide a reasonable period of time not to exceed 12 months for a business operating on the effective date of the order to comply with the visual aesthetic standards.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 8.01, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.222, eff. Sept. 1, 1997.  Renumbered from Sec. 238.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(6), 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 234 - County Regulation of Businesses and Occupations › Subchapter A. Certain Outdoor Businesses › Section 234.003. Exceptions

Sec. 234.003.  EXCEPTIONS.  (a)  A commissioners court may not regulate under this subchapter farm machinery owned or operated by the person on whose property the machinery is located and kept on that property for purposes other than sale.
(b)  A business subject to a screening requirement under Subchapter E of Chapter 391, Chapter 396, or Chapter 397, Transportation Code, that was in compliance with that screening requirement on August 26, 1991, is exempt from a screening requirement adopted under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 8.01, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.223, eff. Sept. 1, 1997.  Renumbered from Sec. 238.003 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(6), 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 234 - County Regulation of Businesses and Occupations › Subchapter A. Certain Outdoor Businesses › Section 234.004. Civil Penalty

Sec. 234.004.  CIVIL PENALTY.  (a)  The appropriate attorney representing the county in civil cases may file a civil action to recover a civil penalty from a business that violates a visual aesthetic standard established under this subchapter.  The penalty may not exceed $50 each day for the first 10 days of the violation, $100 each day for the next 10 days, $250 each day for the next 10 days, and $1,000 for each day thereafter.  In determining the amount of the penalty, the court shall consider the seriousness of the violation.
(b)  A penalty recovered under this section shall be deposited in the general fund of the county.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 8.01, eff. Aug. 30, 1993.  Renumbered from Sec. 238.004 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(6), 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 234 - County Regulation of Businesses and Occupations › Subchapter C. County Inspection of Day-Care Centers and Group Day-Care Homes Located in Municipalities › Section 234.051. Definitions

Sec. 234.051.  DEFINITIONS.  In this subchapter:
(1)  "Day-care center" has the meaning assigned by Section 42.002, Human Resources Code.
(2)  "Group day-care home" has the meaning assigned by Section 42.002, Human Resources Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 388 (S.B. 436), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter C. County Inspection of Day-Care Centers and Group Day-Care Homes Located in Municipalities › Section 234.052. Applicability

Sec. 234.052.  APPLICABILITY.  This subchapter applies only to a county with a population of 700,000 or more.
Added by Acts 2011, 82nd Leg., R.S., Ch. 388 (S.B. 436), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter C. County Inspection of Day-Care Centers and Group Day-Care Homes Located in Municipalities › Section 234.053. Facility Inspection Required by Municipality

Sec. 234.053.  FACILITY INSPECTION REQUIRED BY MUNICIPALITY.  A county health officer or official designated by the commissioners court may contract with a municipality for the county to conduct an inspection required by the municipality of a day-care center or group day-care home located in the municipality.
Added by Acts 2011, 82nd Leg., R.S., Ch. 388 (S.B. 436), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.101. Definitions

Sec. 234.101.  DEFINITIONS.  In this subchapter:
(1)  "Massage parlor" means a business establishment that purports to provide massage services and that allows:
(A)  a nude person to provide massage services to a customer;
(B)  a person to engage in sexual contact for compensation; or
(C)  a person to provide massage services in clothing intended to arouse or gratify the sexual desire of any person.
(2)  "Nude" and "sexual contact" have the meanings assigned by Section 455.202, Occupations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.102. Authority to Regulate

Sec. 234.102.  AUTHORITY TO REGULATE.  To promote public health, safety, and welfare, the commissioners court of a county by order may prohibit or otherwise regulate massage parlors located in the unincorporated area of the county.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.103. Injunction

Sec. 234.103.  INJUNCTION.  If a massage parlor has previously violated a prohibition or other regulation adopted under this subchapter, a district or county attorney may bring suit to enjoin the operation of a massage parlor in violation or threatened violation of a prohibition or other regulation adopted under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.104. Civil Penalty

Sec. 234.104.  CIVIL PENALTY.  (a)  A person who violates a prohibition or regulation adopted by the county under this subchapter is liable to the county for a civil penalty of not more than $1,000 for each violation.  Each day a violation continues is considered a separate violation for purposes of assessing the civil penalty.
(b)  A county may bring suit in a district court to recover a civil penalty authorized by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.105. Criminal Penalty

Sec. 234.105.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly operates a massage parlor in violation of a prohibition or regulation adopted under this subchapter by the commissioners court.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.106. Cumulative Effect

Sec. 234.106.  CUMULATIVE EFFECT.  Authority under this subchapter is cumulative of other authority that a county has to regulate massage parlors and does not limit that other authority.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter D. Massage Parlors › Section 234.107. Effect on Other Laws

Sec. 234.107.  EFFECT ON OTHER LAWS.  (a)  This subchapter does not legalize anything prohibited under the Penal Code or other state law.
(b)  A person who is subject to prosecution under this section and any other law may be prosecuted under either or both laws.
Added by Acts 2009, 81st Leg., R.S., Ch. 932 (H.B. 3094), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.133. Authority to Regulate

Sec. 234.133.  AUTHORITY TO REGULATE.  To promote the public health, safety, and welfare, the commissioners court of a county may regulate the operation of game rooms and may:
(1)  restrict the location of game rooms to specified areas of the county, including the unincorporated area of the county;
(2)  prohibit a game room location within a certain distance, prescribed by the commissioners court, of a school, regular place of religious worship, or residential neighborhood; or
(3)  restrict the number of game rooms that may operate in a specified area of the county.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.134. Licenses or Permits

Sec. 234.134.  LICENSES OR PERMITS.  (a)  A county may require that an owner or operator of a game room obtain a license or permit or renew a license or permit on a periodic basis to own or operate a game room in the county. An application for a license or permit must be made in accordance with Section 234.1341 and with regulations adopted by the county.
(a-1)  A county may require that a person employed by a game room, other than an owner or operator, obtain a license or permit or renew a license or permit on a periodic basis to be employed by a game room in the county.  An application for a license or permit must be made in accordance with Section 234.1342 and with regulations adopted by the county.
(b)  Regulations adopted under this section may provide for the denial, suspension, or revocation of a license or permit.
(c)  A district court has jurisdiction of a suit that arises from the denial, suspension, or revocation of a license or other permit by a county.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 991 (H.B. 4446), Sec. 1, 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 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.1341. Application for Owner or Operator License or Permit

Sec. 234.1341.  APPLICATION FOR OWNER OR OPERATOR LICENSE OR PERMIT.  (a)  A county requiring a person to obtain a license or permit to own or operate a game room in the county shall require the person to submit a completed application as provided by this section for issuance or renewal of the license or permit and an application fee of $1,000 as required by the county.
(b)  An application form developed by the county under this section must require the applicant to provide the following information:
(1)  the name of the business, including a copy of the assumed name certificate;
(2)  the legal name, social security number, date of birth, and other relevant information concerning each person who owns at least five percent of the business or serves in a management role for the business;
(3)  the name and contact information of the owner of the property where the game room is located;
(4)  information concerning any other game room previously or currently operated by the applicant;
(5)  the applicant's fingerprints;
(6)  a copy of the applicant's valid state-issued driver's license or personal identification card and social security card; and
(7)  the applicant's consent for a criminal history record information check of the applicant.
Added by Acts 2023, 88th Leg., R.S., Ch. 991 (H.B. 4446), 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 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.1342. Application for Employee License or Permit

Sec. 234.1342.  APPLICATION FOR EMPLOYEE LICENSE OR PERMIT.  (a)  A county requiring a person to obtain a license or permit to be employed by a game room in the county shall require the person to submit a completed application as provided by this section for issuance or renewal of the license or permit and an application fee of $50 as required by the county.
(b)  An application form developed by the county under this section must require the applicant to provide the following information:
(1)  the person's legal name, social security number, date of birth, and other relevant information;
(2)  the person's criminal history;
(3)  the applicant's fingerprints;
(4)  a copy of the applicant's valid state-issued driver's license or personal identification card and social security card;
(5)  a recent photograph of the applicant's face and a recent photograph of the applicant's full body; and
(6)  the applicant's consent for a criminal history record information check of the applicant.
(c)  A county may not issue or renew a license or permit for an applicant who has been previously convicted of a Class B misdemeanor or higher criminal offense.
(d)  A county shall send a copy of fingerprints obtained under this section to the Department of Public Safety to allow the department to create a permanent record of the fingerprints in the criminal justice information system.
Added by Acts 2023, 88th Leg., R.S., Ch. 991 (H.B. 4446), 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 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.135. Fees

Sec. 234.135.  FEES.  A county may impose a fee not to exceed $1,000 on an applicant for a license or permit or for the renewal of the license or permit required under this subchapter.  The fee must be based on the cost of processing the application and investigating the applicant.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.136. Inspection

Sec. 234.136.  INSPECTION.  (a)  A peace officer or county employee may inspect a business in the county to determine the number of amusement redemption machines or machines described by Section 234.131(2)(B) subject to regulation under this subchapter that are located on the premises of the business.
(b)  A peace officer or county employee may inspect any business in which six or more amusement redemption machines or machines described by Section 234.131(2)(B) are located to determine whether the business is in compliance with this subchapter or regulations adopted under this subchapter.
(c)  A person violates this subchapter if the person fails to allow a peace officer or county employee to conduct an inspection under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1170 (S.B. 866), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.137. Injunction; Civil Penalty

Sec. 234.137.  INJUNCTION; CIVIL PENALTY.  (a)  A county may sue in district court for an injunction to prohibit the violation or threatened violation of this subchapter or a regulation adopted under Section 234.133.
(b)  A person who violates this subchapter or a regulation adopted under Section 234.133 is liable to the county for a civil penalty of not more than $10,000 for each violation.  Each day a violation continues is considered a separate violation for purposes of assessing the civil penalty under this subsection.  A county may bring suit in district court to recover a civil penalty authorized by this subsection.
(c)  The county is entitled to recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, under this section, including reasonable attorney's fees, court costs, and investigatory costs.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.138. Criminal Penalty

Sec. 234.138.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly operates a game room in violation of a regulation adopted under Section 234.133.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.139. Cumulative Effect

Sec. 234.139.  CUMULATIVE EFFECT.  Authority under this subchapter is cumulative of other authority that a county has to regulate game rooms and does not limit that authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 234 - County Regulation of Businesses and Occupations › Subchapter E. Game Rooms › Section 234.140. Effect on Other Laws

Sec. 234.140.  EFFECT ON OTHER LAWS.  (a)  This subchapter does not legalize any activity prohibited under the Penal Code or other state law.
(b)  A person's compliance with this subchapter, including operating a game room under a license or permit issued under this chapter, is not a defense to prosecution for an offense under Chapter 47, Penal Code.
(c)  A person who is subject to prosecution under Section 234.138 and any other law may be prosecuted under either or both laws.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1284 (H.B. 2123), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle B - County Regulatory Authority › Chapter 235 - County Regulation of Matters Relating to Explosives and Weapons › Subchapter A. Explosives › Section 235.001. Applicability

Sec. 235.001.  APPLICABILITY.  (a)  This subchapter applies only to a county with a population of one million or more.
(b)  This subchapter does not apply to fire, police, or military personnel acting in the course of their professional duties.
(c)  This subchapter does not affect the authority of a municipality in the county to enact ordinances under other law concerning explosives.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 235.001 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990.  Amended by Acts 1997, 75th Leg., ch. 929, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 236.001 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(8), 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 235 - County Regulation of Matters Relating to Explosives and Weapons › Subchapter A. Explosives › Section 235.002. Definitions

Sec. 235.002.  DEFINITIONS.  In this subchapter:
(1)  "Blaster" means a person who:
(A)  detonates or otherwise effects the explosion of an explosive and is employed by a user;  or
(B)  personally supervises another engaged in that activity.
(2)  "Blasting agent" means a material or mixture consisting of fuel and oxidizer, intended for blasting that, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined.
(3)  "Dealer" means a person who:
(A)  buys or sells explosives, black powder, or smokeless powder;  or
(B)  is licensed as a dealer of destructive devices, as that term is defined by the National Firearms Act (26 U.S.C. Sec. 5801 et seq.).
(4)  "Explosive" means a chemical compound mixture or a device, the primary purpose of which is to function by explosion and includes dynamite, high explosives, more than 50 pounds of black powder or smokeless powder, or any amount of pellet powder, initiating explosives, detonators, safety fuses, blasting agents, squibs, detonating cord, igniter cord, and igniters.
(5)  "Magazine" means any approved storage facility, classified under 18 U.S.C. Sec. 841 et seq., certified as adequate by the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Treasury, and passed with a current inspection certificate.
(6)  "Manufacturer-distributor" means a person who manufactures, compounds, combines, produces, or distributes an explosive.
(7)  "Transfer" means to transfer an explosive actually or constructively from one person to another.
(8)  "User" means a person who, as the final consumer, uses an explosive.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 235.002 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990.  Renumbered from Sec. 236.002 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(8), 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 235 - County Regulation of Matters Relating to Explosives and Weapons › Subchapter A. Explosives › Section 235.003. Authority to Regulate; Adoption of Rules

Sec. 235.003.  AUTHORITY TO REGULATE;  ADOPTION OF RULES.  (a)  Except as provided by Subsection (b), the commissioners court of the county by order may authorize the county fire marshal of a county to:
(1)  propose rules to implement this subchapter;  and
(2)  in accordance with the rules proposed by the county fire marshal and adopted by the commissioners court under this subchapter:
(A)  regulate the production, distribution, transport, transfer, use, and possession of an explosive in the county;  and
(B)  enforce standards concerning the manufacture, transportation, transfer, use, handling, and storage of explosives as necessary for the protection of the public health, welfare, or safety and of persons possessing, handling, and using explosives.
(b)  The commissioners court may not adopt a rule under this chapter that:
(1)  authorizes the county fire marshal to regulate the transportation of explosives if the point of origin and the destination are outside the county;  or
(2)  regulates a product or activity licensed or regulated under Chapter 2154, Occupations Code, or a rule adopted under that chapter.
(c)  Rules proposed by the county fire marshal, if adopted by the commissioners court, must include:
(1)  the requirement that a person obtain a permit from the county fire marshal in accordance with this subchapter before the person may:
(A)  produce, distribute, transport, use, or possess an explosive;  or
(B)  maintain a permanent storage magazine;
(2)  the establishment of procedures for permit application and renewal;
(3)  the establishment of procedures that include notice to the permit holder and an opportunity for a hearing, for permit revocation or suspension if the permit holder violates this subchapter or a rule adopted under this subchapter;
(4)  the establishment of fees in accordance with this subchapter for the issuance of the permits;
(5)  the requirement that persons who produce or transfer explosives keep records of the explosives produced or transferred;  and
(6)  the requirement that a label be affixed to each unit of explosive in the county stating the type, class, and serial or control number of the explosive.
(d)  The rules may not conflict with generally accepted standards of safety concerning explosives and must conform to published standards of the Institute of Makers of Explosives.
(e)  The county fire marshal shall provide a copy of the rules to a person on request and may assess a reasonable fee for the copy.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 235.003 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990.  Amended by Acts 1997, 75th Leg., ch. 929, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Sec. 236.003 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(8), 14.824, 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 235 - County Regulation of Matters Relating to Explosives and Weapons › Subchapter A. Explosives › Section 235.004. Permit Required; Exception

Sec. 235.004.  PERMIT REQUIRED;  EXCEPTION.  (a)  In a county in which the county fire marshal regulates explosives under this subchapter, a person, including a common, contract, or private carrier, may not produce, distribute, transport, transfer, use, or possess an explosive without a permit issued in accordance with this subchapter.
(b)  A person who is employed by and acts under the personal supervision of a blaster having a permit issued in accordance with this subchapter may, without a permit, load, unload, detonate, or otherwise effect the explosion of an explosive under the personal supervision of the blaster.
(c)  Common carrier railroads subject to the provisions of the Federal Railway Safety Act of 1970, as amended, shall not be subject to the provisions of this subchapter.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 235.004 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990.  Amended by Acts 1997, 75th Leg., ch. 929, Sec. 3, eff. Sept. 1, 1997.  Renumbered from Sec. 236.004 and amended by Acts 2001, 77th Leg., ch;  1420, Sec. 12.003(8), eff. Sept. 1, 2001.