By:  Henderson                                        S.B. No. 1268
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to elections concerning zoning issues in home-rule
    1-2  municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 211, Local Government Code
    1-5  is amended by adding Section 211.014 to read as follows:
    1-6        Sec. 211.014.  ZONING INITIATIVES AND REFERENDA IN HOME-RULE
    1-7  MUNICIPALITIES.  (a)  Notwithstanding any procedural or other
    1-8  requirements of this chapter to the contrary, the electors of a
    1-9  home-rule municipality may repeal the municipality's zoning
   1-10  regulations, as adopted under this chapter, in their entirety by
   1-11  either:
   1-12              (1)  a charter election conducted pursuant to
   1-13  applicable laws; or
   1-14              (2)  upon the initial adoption of zoning regulations by
   1-15  the municipality, by use of any referendum process that is
   1-16  authorized under the charter of the municipality for public protest
   1-17  of the adoption of ordinances in general.
   1-18        (b)  Notwithstanding any procedural or other requirements of
   1-19  this chapter to the contrary, the governing body of a home-rule
   1-20  municipality may upon its own motion submit the repeal of the
   1-21  municipality's zoning regulations, as adopted under this chapter,
   1-22  in their entirety to the electors by use of any process that is
   1-23  authorized under the charter of the municipality for a popular vote
    2-1  on the rejection or repeal of ordinances in general.
    2-2        (c)  The provisions of this chapter shall not be construed to
    2-3  prohibit the adoption or application of any charter provision of a
    2-4  home-rule municipality that requires a waiting period prior to the
    2-5  adoption of zoning regulations or the submission of the initial
    2-6  adoption of zoning regulations to a binding referendum election, or
    2-7  both, provided that all procedural requirements of this chapter for
    2-8  the adoption of the zoning regulations are otherwise complied with.
    2-9        (d)  The provisions of this section may only be utilized for
   2-10  the repeal of a municipality's zoning regulations in their entirety
   2-11  or for determinations of whether a municipality should initially
   2-12  adopt zoning regulations.
   2-13        SECTION 2.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.