CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES AND COUNTIES - Texas Statutes

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.