reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter A. Regulation of Firearms, Knives, and Explosives › Section 229.004. Regulation of Discharge of Weapon by Certain Municipalities

Sec. 229.004.  REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality located in a county in which the majority of the population of two or more municipalities with a population of 300,000 or more are located.
(b)  Notwithstanding Section 229.002, a municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality on or before September 1, 1981, if the firearm or other weapon is:
(1)  a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
(A)  on a tract of land of 100 acres or more and more than 150 feet from a residence or occupied building located on another property; and
(B)  in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2)  a center fire or rim fire rifle or pistol of any caliber discharged:
(A)  on a tract of land of 100 acres or more and more than 300 feet from a residence or occupied building located on another property; and
(B)  in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 306 (H.B. 2127), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter B. Regulation of Outdoor Lighting › Section 229.051. Definitions

Sec. 229.051.  DEFINITIONS.  In this subchapter, "major astronomical observatory" and "outdoor lighting" have the meanings assigned by Section 240.031.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter B. Regulation of Outdoor Lighting › Section 229.052. Applicability

Sec. 229.052.  APPLICABILITY.  (a)  This subchapter applies to a municipality located in a county any part of which is located within 57 miles of a major astronomical observatory at the McDonald Observatory.
(b)  This subchapter does not apply to:
(1)  outdoor lighting in existence or under construction on January 1, 2012; or
(2)  the installation, maintenance, repair, or replacement of outdoor lighting owned or operated by an electric utility as defined by Section 31.002, Utilities Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter B. Regulation of Outdoor Lighting › Section 229.053. Regulation of Outdoor Lighting

Sec. 229.053.  REGULATION OF OUTDOOR LIGHTING.  (a)  The governing body of a municipality by ordinance shall regulate the installation and use of outdoor lighting.
(b)  An ordinance adopted under this section must be designed to protect against the use of outdoor lighting in a way that interferes with scientific astronomical research of an observatory.
(c)  In the ordinance, the governing body may:
(1)  require that a permit be obtained from the municipality before the installation and use of certain types of outdoor lighting in a regulated area;
(2)  establish a fee in an amount to cover the costs of administrating the issuance of the permit;
(3)  prohibit the use of a type of outdoor lighting that is incompatible with the effective use of an observatory;
(4)  establish requirements for the shielding of outdoor lighting; and
(5)  regulate the times during which certain types of outdoor lighting may be used.
(d)  The governing body may apply more stringent standards for areas in which the use of outdoor lighting has a greater impact on observatory activities.
(e)  The governing body may adopt an ordinance under this section only after conducting a public hearing on the proposed ordinance. The governing body shall give at least two weeks' public notice of the hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter B. Regulation of Outdoor Lighting › Section 229.054. Regulation of Subdivisions

Sec. 229.054.  REGULATION OF SUBDIVISIONS.  (a)  The governing body of a municipality by ordinance shall establish standards relating to proposed subdivisions to minimize the interference with observatory activities caused by outdoor lighting.
(b)  The governing body may not approve a subdivision plat unless the plat provides that outdoor lighting will comply with standards adopted under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter B. Regulation of Outdoor Lighting › Section 229.055. Enforcement; Penalty

Sec. 229.055.  ENFORCEMENT; PENALTY.  (a)  A municipality may sue in any court to enjoin a violation of this subchapter.
(b)  A person who violates an ordinance adopted under this subchapter commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter C. Regulation of Solar Energy Devices › Section 229.101. Regulation of Solar Energy Devices

Sec. 229.101.  REGULATION OF SOLAR ENERGY DEVICES.  (a)  In this section:
(1)  "Municipally owned utility" has the meaning assigned by Section 11.003, Utilities Code.
(2)  "Small commercial customer" has the meaning assigned by Section 39.202(o), Utilities Code.
(3)  "Solar energy device" has the meaning assigned by Section 171.107, Tax Code.
(b)  A municipality may not prohibit or restrict the installation of a solar energy device by a residential or small commercial customer except to the extent:
(1)  a property owner's association may prohibit the installation under Sections 202.010(d)(1) through (7), Property Code; or
(2)  the interconnection guidelines and interconnection agreement of a municipally owned utility serving the customer's service area, the rules of the Public Utility Commission of Texas, or the protocols of an independent organization certified under Section 39.151, Utilities Code, limit the installation of solar energy devices due to reliability, power quality, or safety of the distribution system.
Added by Acts 2021, 87th Leg., R.S., Ch. 561 (S.B. 398), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 229 - Miscellaneous Regulatory Authority of Municipalities › Subchapter Z. Miscellaneous Provisions › Section 229.901. Authority to Regulate Animal Businesses

Sec. 229.901.  AUTHORITY TO REGULATE ANIMAL BUSINESSES.  (a)  A municipality may not adopt, enforce, or maintain an ordinance or rule that restricts, regulates, limits, or otherwise impedes a business involving the breeding, care, treatment, or sale of animals or animal products, including a veterinary practice, or the business's transactions if the person operating that business holds a license for the business that is issued by the federal government or a state.
(b)  Except as provided by this subsection, a municipality may not adopt, enforce, or maintain an ordinance or rule that restricts, regulates, limits, or otherwise impedes the retail sale of dogs or cats.  A municipality may enforce or maintain an ordinance or rule adopted before April 1, 2023, that restricts, regulates, limits, or otherwise impedes the retail sale of dogs or cats until the state adopts statewide regulation for the retail sale of dogs or cats, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 12, 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 231 - County Zoning Authority › Subchapter A. General Provisions › Section 231.001. Adoption of Regulation or Boundary Includes Amendment or Other Change

Sec. 231.001.  ADOPTION OF REGULATION OR BOUNDARY INCLUDES AMENDMENT OR OTHER CHANGE.  A reference in this chapter to the adoption of a zoning or other regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary.
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 B. Zoning on Padre Island › Section 231.011. Legislative Findings; Purpose

Sec. 231.011.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the part of Padre Island located in Cameron and Willacy counties is frequented for recreational purposes by residents from every part of the state;
(2)  orderly development and use of the area is of concern to the entire state;  and
(3)  buildings on islands frequented as resort areas tend to become congested and to be used in ways that interfere, to the detriment of the public health, safety, morals, and general welfare, with the proper use of the areas as places of recreation.
(b)  The powers granted under this subchapter are for the purpose of promoting the public health, safety, peace, morals, and general welfare and encouraging the recreational use of county parks in Cameron and Willacy counties.
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 B. Zoning on Padre Island › Section 231.012. Areas Subject to Regulation

Sec. 231.012.  AREAS SUBJECT TO REGULATION.  This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located:
(1)  outside a municipality but within two miles of a publicly owned park or recreational development;  or
(2)  within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
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 B. Zoning on Padre Island › Section 231.013. Zoning Regulations Generally

Sec. 231.013.  ZONING REGULATIONS GENERALLY.  The commissioners court of Cameron County or of Willacy County may, for the areas subject to this subchapter in its respective county, regulate:
(1)  the height, number of stories, and size of buildings and other structures;
(2)  the percentage of a lot that may be occupied;
(3)  the size of yards, courts, and other open spaces;
(4)  population density;
(5)  the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes;  and
(6)  the placement of water and sewage facilities, parks, and other public requirements.
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 B. Zoning on Padre Island › Section 231.014. Compliance With Comprehensive Plan

Sec. 231.014.  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;  and
(8)  assist in developing the island into parks, playgrounds, and recreational areas for the residents of this state and other states and nations.
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 B. Zoning on Padre Island › Section 231.015. Districts

Sec. 231.015.  DISTRICTS.  (a)  The commissioners court may divide the area in its 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 island.
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 B. Zoning on Padre Island › Section 231.016. Procedures Governing Adoption of Regulations and District Boundaries

Sec. 231.016.  PROCEDURES GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.  (a)  The commissioners courts shall establish procedures for adopting and enforcing zoning regulations and zoning district boundaries.  A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard.  Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in a newspaper of general circulation in the county.
(b)  If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the commissioners court.  The protest must be written and signed by the owners of at least 20 percent of either:
(1)  the area of the lots covered by the proposed change;  or
(2)  the lots immediately adjacent to the rear of the lots covered by the proposed change and extending 200 feet from those lots, or from the street frontage of the opposite lots.
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 B. Zoning on Padre Island › Section 231.017. Zoning Commission

Sec. 231.017.  ZONING COMMISSION.  (a)  To exercise the powers authorized by this subchapter, 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 seven members, each of whom must be a resident of the county.  If the county has a board of park commissioners, the commissioners court may appoint the board to serve as the zoning commission.
(b)  The commission shall choose a chairman who must be a commission member.  The chairman serves in that capacity for a term set by the commission.  The commission may at any time choose for a particular meeting or occasion an acting chairman as necessary from among its members.  The commission may employ a secretary and acting secretary and other technical or clerical personnel.
(c)  A member of the commission is not entitled to compensation for service on the commission but may 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 hold a public hearing or take action until it receives the final report of the zoning 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.
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 B. Zoning on Padre Island › Section 231.018. Board of Adjustment

Sec. 231.018.  BOARD OF ADJUSTMENT.  (a)  The commissioners court may provide for the appointment of a board of adjustment.  In the zoning regulations adopted under this subchapter, the commissioners court may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning regulations that are consistent with the general purpose and intent of the regulations and in accordance with any applicable rules contained in the regulations.
(b)  A board of adjustment must consist of five members to be appointed for terms of two years.  The appointing authority may remove a board member for cause on a written charge after a public hearing.  A vacancy on the board shall be filled for the unexpired term.
(c)  The board shall adopt rules in accordance with any order adopted under this subchapter.  Meetings of the board are held at the call of the chairman and at other times as determined by the board.  The chairman or acting chairman may administer oaths and compel the attendance of witnesses.  All meetings of the board shall be open to the public.
(d)  The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote.  The board shall keep records of its examinations and other official actions.  The minutes and records shall be filed immediately in the board's office and are public records.
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 B. Zoning on Padre Island › Section 231.019. Authority of Board

Sec. 231.019.  AUTHORITY OF BOARD.  (a)  The board of adjustment may:
(1)  hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or a zoning regulation;
(2)  hear and decide special exceptions to the terms of a zoning regulation when the regulation requires the board to do so;  and
(3)  authorize in specific cases a variance from the terms of a zoning regulation if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulation would result in unnecessary hardship, and so that the spirit of the regulation is observed and substantial justice is done.
(b)  In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
(c)  The concurring vote of four members of the board is necessary to:
(1)  reverse an order, requirement, decision, or determination of an administrative official;
(2)  decide in favor of an applicant on a matter on which the board is required to pass under a zoning regulation;  or
(3)  authorize a variation in a zoning regulation.
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 B. Zoning on Padre Island › Section 231.020. Appeal to Board

Sec. 231.020.  APPEAL TO BOARD.  (a)  Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:
(1)  a person aggrieved by the decision;  or
(2)  any officer, department, board, or bureau of the county or of a municipality affected by the decision.
(b)  The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal.  The appeal must be filed within a reasonable time as determined by the rules of the board.  On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.
(c)  An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property.  In that case, the proceedings may only be stayed by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.
(d)  The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest.  A party may appear at the appeal hearing in person or by agent or attorney.  The board shall decide the appeal within a reasonable time.
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 B. Zoning on Padre Island › Section 231.021. Judicial Review of Board Decision

Sec. 231.021.  JUDICIAL REVIEW OF BOARD DECISION.  (a)  Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(1)  a person aggrieved by a decision of the board;
(2)  a taxpayer;  or
(3)  an officer, department, board, or bureau of the county or of the municipality.
(b)  The petition must be presented within 10 days after the date the decision is filed in the board's office.
(c)  On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision.  The writ must indicate the time within which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court.  Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.
(d)  The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal.  The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(e)  If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed.  The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law.  The referee's report constitutes a part of the proceedings on which the court shall make its decision.
(f)  The court may reverse or affirm, in whole or in part, or modify the decision that is appealed.  Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision.
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 B. Zoning on Padre Island › Section 231.022. Enforcement; Penalty; Remedies

Sec. 231.022.  ENFORCEMENT;  PENALTY;  REMEDIES.  (a)  The commissioners court may adopt orders to enforce this subchapter, any order adopted under this subchapter, or a zoning regulation.
(b)  A person commits an offense if the person violates this subchapter, an order adopted under this subchapter, or a zoning regulation.  An offense under this subsection is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the commissioners court.  The commissioners court may also provide civil penalties for a violation.
(c)  If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of this subchapter, an order adopted under this subchapter, or a zoning regulation, the appropriate county authority, in addition to other remedies, may institute appropriate action to:
(1)  prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(2)  restrain, correct, or abate the violation;
(3)  prevent the occupancy of the building, structure, or land;  or
(4)  prevent any illegal act, conduct, business, or use on or about the premises.
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 B. Zoning on Padre Island › Section 231.023. Conflict With Other Laws; Exceptions

Sec. 231.023.  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 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.
(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 used by a person engaging in providing telephone service to the public or equipment used in connection with those buildings or as part of the telephone system, as necessary to furnish telephone service to the public.
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 C. Zoning Near Amistad Recreation Area › Section 231.031. Legislative Findings; Purpose

Sec. 231.031.  LEGISLATIVE FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the part of Val Verde County that surrounds Amistad Recreation Area is frequented for recreational purposes by residents from every part of the state;
(2)  orderly development and use of the area is of concern to the entire state;  and
(3)  buildings in the area that are frequented for resort or recreational purposes tend to become congested and to be used in ways that interfere with the proper use of the area as a place of recreation to the detriment of the public health, safety, morals, and general welfare.
(b)  The powers granted under this subchapter are for the purpose of promoting the public health, safety, peace, morals, and general welfare and encouraging the recreational use of county land.
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 C. Zoning Near Amistad Recreation Area › Section 231.032. Areas Subject to Regulation

Sec. 231.032.  AREAS SUBJECT TO REGULATION.  This subchapter applies to that part of Val Verde County on the lakeward side of the boundaries described by Section 2, Chapter 250, Acts of the 62nd Legislature, Regular Session, 1971.  That description is continued in effect for the purpose of the reference made by this section.
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 C. Zoning Near Amistad Recreation Area › Section 231.033. Zoning Regulations Generally

Sec. 231.033.  ZONING REGULATIONS GENERALLY.  The commissioners court of Val Verde County may regulate in areas subject to this subchapter:
(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.
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 C. Zoning Near Amistad Recreation Area › Section 231.034. Compliance With Comprehensive Plan

Sec. 231.034.  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;  and
(8)  assist in developing the area into parks, playgrounds, and recreational areas for the residents of this state and other states and nations.
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 C. Zoning Near Amistad Recreation Area › Section 231.035. Districts

Sec. 231.035.  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.
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 C. Zoning Near Amistad Recreation Area › Section 231.036. Zoning Commission

Sec. 231.036.  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 Val Verde 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.  A person is not eligible for appointment to, or service on, the commission after the person's 70th birthday.  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.
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 C. Zoning Near Amistad Recreation Area › Section 231.037. Procedure Governing Adoption of Regulations and District Boundaries

Sec. 231.037.  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).
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 C. Zoning Near Amistad Recreation Area › Section 231.038. Special Exception

Sec. 231.038.  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.
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 C. Zoning Near Amistad Recreation Area › Section 231.039. Enforcement; Penalty; Remedies

Sec. 231.039.  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.
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 C. Zoning Near Amistad Recreation Area › Section 231.040. Conflict With Other Laws; Exceptions

Sec. 231.040.  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 to restrict the right of a landowner, acting in the owner's behalf, to construct improvements for agricultural purposes or to otherwise use the land for agricultural purposes except the commissioners court may take those actions to restrict or prohibit any commercial agricultural enterprise such as a feed lot.
(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.
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 D. Military Zones › Section 231.051. Definition

Sec. 231.051.  DEFINITION.  In this subchapter, "military establishment" means a base, camp, station, yard, or section base of the United States Navy or the United States Coast Guard.
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 D. Military Zones › Section 231.052. Establishment of Military Zone

Sec. 231.052.  ESTABLISHMENT OF MILITARY ZONE.  (a)  The commissioners court of a county in which a military establishment is located may create a restricted military zone adjacent to the military establishment.  The court shall set forth the boundaries of the zone in its minutes.  A military zone may not extend more than one mile from the boundary line of the military establishment.
(b)  Appropriate signs must be posted along each road or way leading into the zone to indicate that the zone is a restricted area.
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 D. Military Zones › Section 231.053. Regulations

Sec. 231.053.  REGULATIONS.  (a)  The commissioners court may adopt regulations relating to the speed and parking of motor vehicles and the taking of photographs in the zone.
(b)  The court may authorize the civilian or military guards at a military establishment to enforce the regulations for the zone for that military establishment.
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 D. Military Zones › Section 231.054. Penalty

Sec. 231.054.  PENALTY.  A person commits an offense if the person violates a regulation adopted under this subchapter.  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or by confinement in county jail for a term of not less than 10 days or more than two years.
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 231.071. Purpose

Sec. 231.071.  PURPOSE.  The powers granted under this subchapter are for the purpose of protecting the public health, safety, welfare, and morals.
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 231.072. Definitions

Sec. 231.072.  DEFINITIONS.  In this subchapter:
(1)  "Lake" means an inland body of standing water, including a reservoir formed by impounding the water of a river or creek but not including an impoundment of salt water or brackish water, that:
(A)  has a storage capacity of more than one million acre-feet;  and
(B)  is owned in whole or part by a political subdivision of this state, including a special-purpose district or authority.
(2)  "Lake area" means the area within 5,000 feet of where the shoreline of a lake would be if the lake were filled to its storage capacity.
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 231.073. Lake Covered by Subchapter

Sec. 231.073.  LAKE COVERED BY SUBCHAPTER.  This subchapter applies only to a lake that has a construction completion date after June 12, 1985.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.