CHAPTER 231. COUNTY ZONING AUTHORITY

Statutes > Texas Statutes > LOCAL GOVERNMENT CODE > TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES > CHAPTER 231. COUNTY ZONING AUTHORITY

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

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.

SUBCHAPTER B. ZONING ON PADRE ISLAND

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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;

(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.

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.

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.

SUBCHAPTER C. ZONING NEAR AMISTAD RECREATION AREA

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

SUBCHAPTER D. MILITARY ZONES

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.

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.

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.

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.

SUBCHAPTER E. ZONING AROUND CERTAIN LAKES

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.

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.

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.

Sec. 231.074. ZONING AND BUILDING CONSTRUCTION ORDINANCES. (a)

The commissioners court of a county may adopt ordinances, not

inconsistent with state law, that apply only to the lake area in

the county and that regulate:

(1) the height, number of stories, or size of buildings;

(2) the percentage of a lot that may be occupied;

(3) the size of yards and other spaces;

(4) population density;

(5) the location and use of buildings and land for commercial,

industrial, residential, or other purposes; and

(6) building construction standards.

(b) The commissioners court may not regulate the use, design, or

placement of public utility buildings, land, or facilities.

zoning purposes new manufactured or industrialized housing that

is constructed to preemptive state or federal building standards

in any manner that is different from regulation of site-built

housing.

(d) The commissioners court shall adopt rules as necessary to

carry out this subchapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.075. LOCAL OPTION ELECTION. (a) This subchapter

applies only to a county in which a majority of the voters voting

on the question approve this subchapter's grant of authority to

the county. The commissioners court shall order and hold an

election if the court is petitioned to do so under Section

231.076. The commissioners court may not order and hold the

election on its own motion.

(b) If an election is held, the ballot shall be printed to

provide for voting for or against the proposition: "Granting

authority to the county to adopt zoning and building construction

ordinances for the areas around lakes."

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.076. PETITION; VERIFICATION. (a) A petition for the

local option election must include a statement worded

substantially as provided by this subsection and located on each

page of the petition preceding the space reserved for signatures:

"This petition is to request that an election be held in (name of

county) to authorize the county to adopt zoning and building

construction ordinances for the areas around lakes."

(b) To be valid, a petition must be signed by registered voters

of the county in a number equal to at least 10 percent of the

number of votes received by all candidates for governor in the

county in the most recent gubernatorial general election. The

petition must also include each signer's current voter

registration number, printed name, and residence address,

including zip code.

which the petition is signed. A signature may not be counted if

the signer fails to include the date or if the date of signing is

before the 90th day before the date the petition is submitted to

the commissioners court.

(d) Within five days after the date a petition is received in

the office of the commissioners court, the commissioners court

shall submit the petition for verification to the county clerk,

who shall determine whether the petition meets the requirements

imposed by this section. Within 30 days after the date the

petition is submitted to the county clerk for verification, the

county clerk shall certify in writing to the commissioners court

whether the petition is valid. If the county clerk determines

that the petition is invalid, the clerk shall state the reasons

for that determination.

(e) If the county clerk certifies that a petition is valid, the

commissioners court shall order the election to be held on the

first uniform election date authorized by Section 41.001,

Election Code, that occurs after the 35th day after the date the

court receives the county clerk's certification.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.077. LAKE PLANNING COMMISSION. (a) A lake planning

commission is established for each lake area in a county subject

to this subchapter and is composed of:

(1) three residents of the county who own land in the county,

appointed by the county judge;

(2) one resident of each commissioners precinct in the county,

appointed by the county commissioner for that precinct; and

(3) the mayor of each municipality that includes any part of

that lake area in the county.

(b) Except for the initial appointed members, the appointed

members of a commission are appointed for terms of two years

expiring on February 1 of each odd-numbered year. The initial

appointed members are appointed for terms expiring on the first

February 1 of an odd-numbered year occurring after the date of

their appointment.

vice-chairman from its members. The commissioners court shall

employ staff for the use of the commission in performing its

functions.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.078. COMMISSION DUTIES; RULES. (a) The commissioners

court may assign a lake planning commission any duties that the

court considers appropriate and that are not inconsistent with

this subchapter.

(b) The commissioners court shall adopt rules governing the

operations of the commission.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.079. COMMISSION STUDIES; REPORTS; HEARINGS. (a) At

the request of the commissioners court, a lake planning

commission shall, or on its own initiative a commission may,

conduct studies of the lake area over which it has jurisdiction

and prepare reports to advise the commissioners court about the

boundaries of the original zoned districts, other regulations for

the lake area, and changes to those districts or regulations.

(b) Before the commission may prepare a report, it must hold a

public hearing at which members of the public may present

testimony about any subject to be included in the commission's

report. The commission shall give notice of the hearing as

required by the commissioners court.

proposed action regarding the zoning classification of a parcel

of land, the commission shall send written notice to each

landowner, as listed on the county tax rolls, whose land is

directly affected by the proposed action or whose land is located

within 200 feet of land directly affected. The notice must inform

the landowner of the time and place of the public hearing at

which the landowner may present testimony to the commission about

the proposed action and must be deposited in the United States

mail before the 10th day before the date of the hearing.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.080. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.

The commissioners court may adopt a proposed ordinance only after

the court receives a lake planning commission's report prepared

under Section 231.079 relating to the proposed ordinance.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.081. SPECIAL EXCEPTIONS. (a) The commissioners court

may grant a special exception to an ordinance adopted under this

subchapter if the court finds that the grant of the special

exception will not be contrary to the public interest and that a

literal enforcement of the ordinance would result in an

unnecessary hardship.

(b) The commissioners court shall adopt procedures governing

applications, notice, hearings, and other matters relating to the

grant of a special exception.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.082. CONFLICT WITH OTHER ACTION. If an ordinance

adopted under this subchapter conflicts with an action of a

special-purpose district or authority that owns the lake or

reservoir or an action of a municipality that applies to a lake

area in the county, the municipal or special-purpose district

action controls to the extent of the conflict.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 231.083. ENFORCEMENT. (a) The county attorney or other

prosecuting attorney representing the county in the district

court may file an action to enjoin the violation or threatened

violation of an ordinance adopted under this subchapter. The

court may grant appropriate relief.

(b) If an ordinance adopted under this subchapter defines an

offense, an offense under that order is a Class C misdemeanor.

The offense shall be prosecuted in the same manner as an offense

defined by state law.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER F. ZONING AROUND LAKE TAWAKONI AND LAKE RAY ROBERTS

Sec. 231.101. LEGISLATIVE FINDINGS; PURPOSE. (a) The

legislature finds that:

(1) those parts of a county that surround Lake Tawakoni and Lake

Ray Roberts will be frequented for recreational purposes by

residents from every part of the state;

(2) orderly development and use of the area is of concern to the

entire state; and

(3) buildings in the area that will be frequented for resort or

recreational purposes will tend to become congested and to be

used in ways that interfere with the proper use of the area as a

place of recreation to the detriment of the public health,

safety, morals, and general welfare.

(b) The powers granted under this subchapter are for the purpose

of promoting the public health, safety, peace, morals, and

general welfare and encouraging recreation.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.102. DEFINITION. In this subchapter "lake area" means

the area within 5,000 feet of the project boundary line for Lake

Tawakoni or Lake Ray Roberts, which is defined as the 447 foot

elevation take line for Lake Tawakoni and the 645 foot elevation

take line for Lake Ray Roberts.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52 (a), eff. Aug. 28,

1989.

Sec. 231.103. LAKES COVERED BY SUBCHAPTER. This subchapter

applies only to Lake Tawakoni and Lake Ray Roberts.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.104. ZONING AND BUILDING CONSTRUCTION ORDINANCES. (a)

The commissioners court of a county may adopt ordinances, not

inconsistent with state law, that apply only to the lake area in

the county and that regulate:

(1) the height, number of stories, or size of buildings in the

area;

(2) the percentage of a lot that may be occupied;

(3) the size of yards and other spaces;

(4) population density;

(5) the location and use of buildings and land for commercial,

industrial, residential, or other purposes; and

(6) building construction standards.

(b) The commissioners court may not adopt an ordinance in

conflict with Chapter 2154, Occupations Code, or with any rule

adopted under that chapter. An ordinance adopted in conflict with

that chapter is void.

any order or regulation in conflict with a municipal ordinance or

state agency rule pertaining to the regulation of billboards or

outdoor advertising. An order or regulation issued in conflict

with a municipal ordinance or state agency rule is void.

(d) The commissioners court may not regulate for siting or

zoning purposes new manufactured or industrialized housing that

is constructed to preemptive state or federal building standards

in any manner that is different from regulation of site-built

housing.

(e) The commissioners court shall adopt rules as necessary to

carry out this subchapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.823,

eff. Sept. 1, 2001.

Sec. 231.105. LOCAL OPTION ELECTION. (a) This subchapter

applies only to a county in which a majority of the voters voting

on the question approve this subchapter's grant of authority to

the county. The commissioners court shall order and hold an

election if the court is petitioned to do so under Section

231.106. The commissioners court may not order and hold the

election on its own motion.

(b) If an election is held, the ballot shall be printed to

provide for voting for or against the proposition: "Granting

authority to the county to adopt zoning and building construction

ordinances for the areas in the county around (name of the

appropriate lake)." Each qualified voter of each affected

precinct is entitled to vote in the election.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.106. PETITION; VERIFICATION. (a) A petition for a

local option election must include a statement worded

substantially as follows and located on each page of the petition

preceding the space reserved for signatures: "This petition is to

request that an election be held in (name of county) to authorize

the county to adopt zoning and building construction ordinances

for the areas in the county around (name of the appropriate

lake)."

(b) To be valid, a petition must be signed by registered voters

of the county in a number equal to at least 10 percent of the

number of votes received by all candidates for governor in each

affected precinct in the most recent gubernatorial general

election. The petition must also include each signer's current

voter registration number, printed name, and residence address,

including zip code.

which the petition is signed. A signature may not be counted if

the signer fails to include the date or if the date of signing is

before the 90th day before the date the petition is submitted to

the commissioners court.

(d) Within five days after the date a petition is received in

the office of the commissioners court, the commissioners court

shall submit the petition for verification to the county clerk,

who shall determine whether the petition meets the requirements

imposed by this section. Within 30 days after the date the

petition is submitted to the county clerk for verification, the

county clerk shall certify in writing to the commissioners court

whether the petition is valid. If the county clerk determines

that the petition is invalid, the clerk shall state the reasons

for that determination.

(e) If the county clerk certifies that a petition is valid, the

commissioners court shall order the election to be held on the

first uniform election date authorized by Section 41.001,

Election Code, that occurs after the date the court receives the

county clerk's certification and that allows for compliance with

the time requirements prescribed by Chapter 3, Election Code.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.107. LAKE PLANNING COMMISSION. (a) A lake planning

commission is established for the lake area in the county and is

composed of:

(1) three residents of the affected precincts who own land in

the county, appointed by the county judge of the county;

(2) one resident of each commissioners precinct that is

affected, appointed by the county commissioner for that precinct,

and if only one precinct is affected, the commissioner shall

appoint two; and

(3) the mayor of each municipality the territory or

extraterritorial jurisdiction of which includes any part of the

lake area in the county.

(b) Except for the initial appointed members, the appointed

members of the commission are appointed for terms of two years

expiring on February 1 of each odd-numbered year. The initial

appointed members are appointed for terms expiring on the first

February 1 of an odd-numbered year occurring after the date of

their appointment.

vice-chairman from its members. The commissioners court shall

employ staff for the use of the commission in performing its

functions.

(d) A mayor serving on the commission may designate another

person to serve in place of the mayor at one or more commission

meetings.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989. Amended by Acts 1997, 75th Leg., ch. 6, Sec. 1, eff. Sept.

1, 1997.

Sec. 231.108. COMMISSION DUTIES; RULES. (a) The commissioners

court may assign the lake planning commission any duties that the

court considers appropriate and that are not inconsistent with

this subchapter.

(b) The commissioners court shall adopt rules governing the

operations of the commission.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.109. COMMISSION STUDIES; REPORTS; HEARINGS. (a) At

the request of the commissioners court, the lake planning

commission shall, or on its own initiative the commission may,

conduct studies of the lake area in the county and prepare

reports to advise the commissioners court about the boundaries of

the original zoned districts, other regulations for the lake

area, and changes to those districts or regulations.

(b) Before the commission may prepare a report, it must hold a

public hearing at which members of the public may present

testimony about any subject to be included in the commission's

report. The commission shall give notice of the hearing as

required by the commissioners court.

proposed action regarding the zoning classification of a parcel

of land, the commission shall send written notice to each

landowner, as listed on the county tax rolls, whose land is

directly affected by the proposed action or whose land is located

within 200 feet of land directly affected. The notice must inform

the landowner of the time and place of the public hearing at

which the landowner may present testimony to the commission about

the proposed action and must be deposited in the United States

mail before the 10th day before the date of the hearing.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.110. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT.

The commissioners court may adopt a proposed ordinance only after

the court receives the lake planning commission's report prepared

under Section 231.109 relating to the proposed ordinance.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.111. SPECIAL EXCEPTIONS. (a) The lake planning

commission may recommend, subject to approval by the

commissioners court, a special exception to an ordinance adopted

under this subchapter if the commission finds that the grant of

the special exception will not be contrary to the public interest

and that a literal enforcement of the ordinance would result in

an unnecessary hardship.

(b) The commission shall adopt procedures governing

applications, notice, hearings, and other matters relating to the

grant of a special exception.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.112. CONFLICT BETWEEN ORDINANCES. If an ordinance

adopted under this subchapter conflicts with an action of a

municipality that applies to any part of the lake area located in

the county and the municipality, the municipal action controls to

the extent of the conflict.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

Sec. 231.113. ENFORCEMENT. (a) The county attorney or other

prosecuting attorney representing the county in the district

court is entitled to appropriate injunctive relief to prevent a

violation or threatened violation of an ordinance adopted under

this subchapter from continuing or occurring.

(b) If an ordinance adopted under this subchapter defines an

offense, the offense is a Class C misdemeanor. The offense shall

be prosecuted in the same manner as an offense defined by state

law.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 52(a), eff. Aug. 28,

1989.

SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE

RALPH HALL, AND POST LAKE

Sec. 231.131. LEGISLATIVE FINDINGS; PURPOSE. (a) The

legislature finds that:

(1) the areas that surround Lake Alan Henry, Lake Cooper, Lake

Ralph Hall, and Post Lake are or will be frequented for

recreational purposes by residents from every part of the state;

(2) orderly development and use of the area is of concern to the

entire state; and

(3) buildings in the area that will be frequented for resort or

recreational purposes will tend to become congested and to be

used in ways that interfere with the proper use of the area as a

place of recreation to the detriment of the public health,

safety, morals, and general welfare.

(b) The powers granted under this subchapter are for the purpose

of promoting the public health, safety, peace, morals, and

general welfare and encouraging recreation.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 2, eff. May

8, 1991; Acts 2003, 78th Leg., ch. 977, Sec. 2, eff. June 20,

2003.

Sec. 231.132. AREAS SUBJECT TO REGULATION. (a) This subchapter

applies to:

(1) those parts of Garza County located within three miles of

the high water marks established for Lake Alan Henry and Post

Lake except land located in Garza County and owned by the White

River Municipal Water District;

(2) those parts of Kent County located within three miles of the

high water marks established for Lake Alan Henry;

(3) the area within 10,000 feet of where the shoreline of Lake

Cooper would be if the lake were filled to its storage capacity;

and

(4) the area within 5,000 feet of where the shoreline of Lake

Ralph Hall would be if the lake were filled to its storage

capacity.

(b) The areas described by Subsection (a) are subject to

regulation under this subchapter regardless of whether the

construction of an affected lake is complete.

Subsection (a)(4) expires on September 1, 2013, unless the permit

necessary for the construction of Lake Ralph Hall is issued

before that date. This subsection prevails over Subsection (b) to

the extent of any conflict.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 3, eff. May

8, 1991; Acts 2001, 77th Leg., ch. 1125, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 997, Sec. 3, eff. June 20, 2003;

Acts 2003, 78th Leg., ch. 1309, Sec. 2.01, eff. June 21, 2003.

Sec. 231.133. ZONING REGULATIONS GENERALLY. (a) The

commissioners court of a county in which an area subject to this

subchapter is located may regulate in that area:

(1) the height, number of stories, and size of buildings and

other structures;

(2) the percentage of a lot that may be occupied;

(3) the size of yards, courts, and other open spaces;

(4) population density;

(5) the location and use of buildings, other structures, and

land for business, industrial, residential, or other purposes;

and

(6) the placement of water and sewage facilities, parks, and

other public requirements.

(b) The commissioners court may not regulate for siting or

zoning purposes new manufactured or industrialized housing,

constructed to preemptive state or federal building standards, in

any manner that is different from regulation of site-built

housing.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 63, Sec. 4, eff. May

8, 1991.

Sec. 231.134. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning

regulations must be adopted in accordance with a comprehensive

plan and must be designed to:

(1) lessen congestion in the streets and roads;

(2) secure safety from fire, panic, and other dangers;

(3) promote health and the general welfare;

(4) provide adequate light and air;

(5) prevent the overcrowding of land;

(6) avoid undue concentration of population;

(7) facilitate the adequate provision of transportation, water,

sewers, parks, and other public requirements; or

(8) assist in developing the area into parks, playgrounds, and

recreational areas for the residents of this state and other

states and nations.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28,

1989.

Sec. 231.135. DISTRICTS. (a) The commissioners court may

divide the area in the county that is subject to this subchapter

into districts of a number, shape, and size the court considers

best for carrying out this subchapter. Within each district, the

commissioners court may regulate the erection, construction,

reconstruction, alteration, repair, or use of buildings, other

structures, or land.

(b) The zoning regulations must be uniform for each class or

kind of building in a district, but the regulations may vary from

district to district. The regulations shall be adopted with

reasonable consideration, among other things, for the character

of each district and its peculiar suitability for particular

uses, with a view of conserving the value of buildings and

encouraging the most appropriate use of land throughout the area.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28,

1989.

Sec. 231.136. ZONING COMMISSION. (a) The commissioners court

shall appoint a zoning commission. The commission shall recommend

boundaries for the original zoning districts and appropriate

zoning regulations for each district. The commission must consist

of an ex officio chairman and four additional members.

(b) The commissioners court shall appoint a chairman who must be

a public official in the county. The chairman serves a two-year

term of office. The other members serve four-year terms. In

making the initial appointments of the other members, the

commissioners court shall designate the members for staggered

terms of one, two, three, and four years. In the event of

resignation, end of term, or a vacancy, the court shall appoint

new members. The court shall fill a vacancy in the office of

chairman by appointment. The zoning commission may employ a

secretary, an acting secretary, and other technical or clerical