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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county that borders the United |
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Mexican States to regulate residential land use; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. ZONING ON BORDER WITH UNITED MEXICAN STATES |
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Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that the counties that border the United Mexican |
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States face unique challenges because of their geographic location |
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and population dynamics. |
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(b) The powers granted under this subchapter are for the |
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purpose of promoting orderly development, protecting public health |
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and safety, and enhancing quality of life. |
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Sec. 231.302. APPLICABILITY. This subchapter applies only |
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to a county that borders the United Mexican States. |
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Sec. 231.303. AREAS SUBJECT TO REGULATION. An order |
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adopted under this subchapter applies only to an area that: |
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(1) is in the unincorporated area of a county; and |
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(2) is located either in: |
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(A) a platted residential subdivision; or |
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(B) a tract subject to Subchapter B, Chapter 232. |
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Sec. 231.304. ZONING REGULATIONS GENERALLY. The |
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commissioners court of a county by order may adopt zoning |
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regulations that regulate: |
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(1) the size or height of a building; |
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(2) the percentage of a lot that may be occupied or |
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developed; |
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(3) the number of dwelling units per acre; |
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(4) the size of a setback or open space; |
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(5) the location, design, construction, extension, |
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size, and installation of utilities, roads, and other essential |
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services; and |
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(6) the type of land use permitted. |
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Sec. 231.305. DISTRICTS. (a) The commissioners court of a |
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county by order may divide the county into districts of a number, |
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shape, and size the court considers best for carrying out this |
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subchapter. |
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(b) The commissioners court of a county may adopt zoning |
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regulations that vary from district to district. |
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Sec. 231.306. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. |
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(a) The commissioners court of a county may not adopt an order |
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under this subchapter until after a public hearing is held where the |
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public is given the opportunity to be heard on the question of |
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adopting the order. Before the 15th day before the date of the |
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hearing, the commissioners court must publish notice of the hearing |
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in a newspaper of general circulation in the county. |
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(b) The commissioners court of a county may adopt or amend a |
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regulation or boundary under this subchapter only by an order |
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passed by a majority vote of the full membership of the court. |
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(c) If a proposed change to a regulation or boundary is |
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protested in accordance with this subsection, the proposed change |
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must receive, in order to take effect, the affirmative vote of at |
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least three-fourths of all members of the commissioners court |
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proposing the change. The protest must be written and signed by the |
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owners of at least 20 percent of the area covered by the proposed |
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change. |
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Sec. 231.307. ENFORCEMENT; PENALTY. (a) The commissioners |
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court of a county by order may provide for the enforcement of this |
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subchapter or an order or regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates this |
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subchapter or an order or regulation adopted under this subchapter. |
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An offense under this subsection is a misdemeanor punishable by a |
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fine of not less than $500 or more than $1,000. Each day that a |
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violation occurs constitutes a separate offense. Trial shall be in |
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the justice court. |
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SECTION 2. This Act takes effect September 1, 2025. |