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A BILL TO BE ENTITLED
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AN ACT
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relating to certain notice and protest provisions applicable to |
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municipal zoning changes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 211.006(a) and (d), Local Government |
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Code, are amended to read as follows: |
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(a) The governing body of a municipality wishing to exercise |
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the authority relating to zoning regulations and zoning district |
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boundaries shall establish procedures for adopting, revising, and |
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enforcing the regulations and boundaries. The adoption of initial |
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zoning regulations and zoning district boundaries, a comprehensive |
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revision of the regulations or boundaries, or an amendment of a |
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regulation that applies uniformly across boundaries or areas of the |
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municipality [A regulation or boundary] is not effective until |
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after a public hearing on the matter at which parties in interest |
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and citizens have an opportunity to be heard. Before the 15th day |
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before the date of the hearing, notice of the time and place of the |
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hearing must be published in an official newspaper or a newspaper of |
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general circulation in the municipality. |
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(d) A [If a] proposed change to a regulation or boundary |
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that only affects an individual lot or a limited area of contiguous |
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lots or land may be [is] protested in accordance with this |
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subsection. If protested, the proposed change must receive, in |
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order to take effect, the affirmative vote of at least |
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three-fourths of all members of the governing body. The protest |
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must be written and signed by the owners of at least 20 percent of |
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either: |
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(1) the area of the lots or land covered by the |
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proposed change; or |
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(2) the area of the lots or land immediately adjoining |
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the area covered by the proposed change and extending 200 feet from |
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that area. |
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SECTION 2. Section 211.007(c), Local Government Code, is |
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amended to read as follows: |
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(c) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification of an individual |
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property or a limited area of contiguous properties shall be sent to |
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each owner, as indicated by the most recently approved municipal |
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tax roll, of real property within 200 feet of the property or area |
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on which the change in classification is proposed. The notice may |
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be served by its deposit in the municipality, properly addressed |
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with postage paid, in the United States mail. If the property |
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within 200 feet of the property or area on which the change is |
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proposed is located in territory annexed to the municipality and is |
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not included on the most recently approved municipal tax roll, the |
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notice shall be given in the manner provided by Section 211.006(a). |
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SECTION 3. The amendments made by this Act to Sections |
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211.006 and 211.007, Local Government Code, are a clarification of |
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existing law and do not imply that existing Sections 211.006 and |
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211.007, Local Government Code, may be construed as inconsistent |
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with those sections as amended by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |