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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 88(R)

Senate Bill 929

Senate Author:  Parker et al.

Effective:  5-19-23

House Sponsor:  Rogers et al.


            Senate Bill 929 amends the Local Government Code to require a municipality's governing body or a municipal zoning commission to provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property would be a nonconforming use if the regulation or boundary were to be adopted or changed.

Senate Bill 929 authorizes a person using a property in a manner considered to be a nonconforming use as a result of the adoption of or change to a zoning regulation or boundary to continue to use the property in the same manner unless required by a municipality to stop the nonconforming use. The bill entitles a property owner or lessee who is required by a municipality to stop such a nonconforming use to the following remedies:

·        certain payment from the municipality to compensate for such stoppage; or

·        continued nonconforming use of the property until the owner or lessee recovers through the owner or lessee's continued business activities the amount of the applicable diminution in the property's market value.

The bill, among other provisions, provides for the appeal of the determination of a remedy.