By Eckels                                             H.B. No. 2217
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to elections concerning zoning issues in home-rule
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 211, Local Government Code
    1-6  is amended by adding Section 211.014 to read as follows:
    1-7  Sec. 211.014.  Zoning initiatives and referenda in home-rule
    1-8  municipalities.
    1-9        (a)  Notwithstanding any procedural or other requirements of
   1-10  this chapter to the contrary, the electors of a home-rule
   1-11  municipality may repeal the municipality's zoning regulations, as
   1-12  adopted under this chapter, in their entirety by either:
   1-13        (1)  a charter election conducted pursuant to applicable
   1-14  laws; or
   1-15        (2)  upon the initial adoption of zoning regulations by the
   1-16  municipality, by use of any referendum process that is authorized
   1-17  under the chapter of the municipality for public protest of the
   1-18  adoption of ordinances in general.
   1-19        (b)  Notwithstanding any procedural or other requirements of
   1-20  this chapter to the contrary, the governing body of a home-rule
   1-21  municipality may upon its own motion submit the repeal of the
   1-22  municipality's zoning regulations, as adopted under this chapter,
   1-23  in their entirety to the electors by use of any process that is
    2-1  authorized under the charter of the municipality for a popular vote
    2-2  on the rejection or repeal of ordinances in general.
    2-3        (c)  The provisions of this chapter shall not be construed to
    2-4  prohibit the adoption or application of any charter provision of a
    2-5  home-rule municipality that requires a waiting period prior to the
    2-6  adoption of zoning regulations or the submission of the initial
    2-7  adoption of zoning regulations to a binding referendum election, or
    2-8  both, provided that all procedural requirements of this chapter for
    2-9  the adoption of the zoning regulations are otherwise complied with.
   2-10        (d)  The provisions of this section may only be utilized for
   2-11  the repeal of a municipality's zoning regulations in their entirety
   2-12  or for determinations of whether a municipality should initially
   2-13  adopt zoning regulations.
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three seperate
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.