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.