CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES AND COUNTIES
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
AND COUNTIES
Sec. 250.001. RESTRICTION ON REGULATION OF SPORT SHOOTING
RANGES. (a) In this section, "sport shooting range" means a
business establishment, private club, or association that
operates an area for the discharge or other use of firearms for
silhouette, skeet, trap, black powder, target, self-defense, or
similar recreational shooting.
(b) A governmental official may not seek a civil or criminal
penalty against a sport shooting range or its owner or operator
based on the violation of a municipal or county ordinance, order,
or rule regulating noise:
(1) if the sport shooting range is in compliance with the
applicable ordinance, order, or rule; or
(2) if no applicable noise ordinance, order, or rule exists.
(c) A person may not bring a nuisance or similar cause of action
against a sport shooting range based on noise:
(1) if the sport shooting range is in compliance with all
applicable municipal and county ordinances, orders, and rules
regulating noise; or
(2) if no applicable noise ordinance, order, or rule exists.
Added by Acts 1991, 72nd Leg., ch. 145, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 2001, 77th Leg., ch. 1050, Sec. 1, eff.
Sept. 1, 2001.
Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A
municipality or county may not enact or enforce an ordinance or
order that does not comply with the ruling of the Federal
Communications Commission in "Amateur Radio Preemption, 101 FCC
2nd 952 (1985)" or a regulation related to amateur radio service
adopted under 47 C.F.R. Part 97.
(b) If a municipality or county adopts an ordinance or order
involving the placement, screening, or height of an amateur radio
antenna based on health, safety, or aesthetic conditions, the
ordinance or order must:
(1) reasonably accommodate amateur communications; and
(2) represent the minimal practicable regulation to accomplish
the municipality's or county's legitimate purpose.
(c) This section does not prohibit a municipality or county from
taking any action to protect or preserve a historic, historical,
or architectural district that is established by the municipality
or county or under state or federal law.
Added by Acts 1999, 76th Leg., ch. 68, Sec. 1, eff. May 10, 1999.
Sec. 250.003. PERSONAL LIABILITY OF NONOWNERS. (a) An
individual who is an employee of the owner of real property for
which a citation for a violation of a county or municipal rule or
ordinance is issued, or of a company that manages the property on
behalf of the property owner, is not personally liable for
criminal or civil penalties resulting from the violation if, not
later than the fifth calendar day after the date the citation is
issued, the individual provides the property owner's name,
current street address, and telephone number to the enforcement
official who issues the citation or the official's superior.
(b) This section applies only to a citation for a violation
connected with real property for which a political subdivision
has issued a certificate of occupancy or a certificate of
completion with respect to the construction of improvements on
the property. This section does not prohibit a municipality or
county from issuing to an employee or contractor of the property
owner or management company a citation relating to the
construction or development of the property.
Added by Acts 2005, 79th Leg., Ch.
1344, Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
841, Sec. 1, eff. January 1, 2010.
Sec. 250.004. AGENT FOR SERVICE; NOTICE OF CITATION. (a) The
employee of the owner or management company to whom a citation
described by Section 250.003 is issued is considered the owner's
agent for accepting service of the citation for the violation of
the county or municipal rule or ordinance. Service of the
citation on the agent has the same legal effect as service on the
owner for the purpose of fines against the owner or the property,
including a warrant or capias.
(b) The county or municipality issuing the citation shall mail
notice of the citation to the property owner at the address most
recently provided to the county or municipality by the property
owner or by the employee of the owner or management company under
Section 250.003(a). This subsection does not require a county or
municipality to mail notice using a service that provides
delivery confirmation.
Added by Acts 2005, 79th Leg., Ch.
1344, Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
841, Sec. 2, eff. January 1, 2010.
Sec. 250.005. OTHER REMEDIES UNAFFECTED. Sections 250.003 and
250.004 do not limit the availability of remedies against a real
property owner or real property otherwise provided by law,
including fines, closure, injunction, and mandamus.
Added by Acts 2005, 79th Leg., Ch.
1344, Sec. 2, eff. June 18, 2005.
Sec. 250.006. GRAFFITI REMOVAL. (a) Except as provided by
Subsection (h), a county by order or a municipality by ordinance
may require the owner of property within the jurisdiction of the
county or municipality to remove graffiti from the owner's
property on receipt of notice from the county or municipality.
(b) The order or ordinance must provide that a county or
municipality may not give notice to a property owner under
Subsection (a) unless:
(1) the county or municipality has offered to remove the
graffiti from the owner's property free of charge; and
(2) the property owner has refused the offer.
(c) The order or ordinance must require a property owner to
remove the graffiti on or before the 15th day after the date the
property owner receives notice under Subsection (a). If the
property owner fails to remove the graffiti on or before the 15th
day after the date of receipt of the notice, the county or
municipality may remove the graffiti and charge the expenses of
removal to the property owner in accordance with a fee schedule
adopted by the county or municipality.
(d) The notice required by Subsection (a) must be given:
(1) personally to the owner in writing;
(2) by letter sent by certified mail, addressed to the property
owner at the property owner's address as contained in the records
of the appraisal district in which the property is located; or
(3) if service cannot be obtained under Subdivision (1) or (2):
(A) by publication at least once in a newspaper of general
circulation in the county or municipality;
(B) by posting the notice on or near the front door of each
building on the property to which the notice relates; or
(C) by posting the notice on a placard attached to a stake
driven into the ground on the property to which the notice
relates.
(e) The county or municipality may assess expenses incurred
under Subsection (c) against the property on which the work is
performed to remove the graffiti.
(f) To obtain a lien against the property for expenses incurred
under Subsection (c), the governing body of the county or
municipality must file a statement of expenses with the county
clerk. The statement of expenses must contain:
(1) the name of the property owner, if known;
(2) the legal description of the property; and
(3) the amount of expenses incurred under Subsection (c).
(g) A lien described by Subsection (f) attaches to the property
on the date on which the statement of expenses is filed in the
real property records of the county in which the property is
located and is subordinate to:
(1) any previously recorded lien; and
(2) the rights of a purchaser or lender for value who acquires
an interest in the property subject to the lien before the
statement of expenses is filed as described by Subsection (f).
(h) An order or ordinance described by this section must include
an exception from the requirement that an owner of property
remove graffiti from the owner's property if:
(1) the graffiti is located on transportation infrastructure;
and
(2) the removal of the graffiti would create a hazard for the
person performing the removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 29, eff. September 1, 2009.