CPC H.B. 1670 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 1670
By: Wohlgemuth
5-2-97
Committee Report (Amended)



BACKGROUND 

Currently, Texas cities have the ability to implement comprehensive
municipal plans, but it is unclear how development regulations should
relate to the plan.  Consistency between the city regulations and a city's
comprehensive plan are ambiguous under current law.  The only reference to
municipal comprehensive plans is in the Zoning Enabling Act, Chapter 211
of the Texas Local Government Code, which states that zoning regulations
must be in accordance with a municipality's comprehensive plan.   

Additionally, the 70th session of the Texas Legislature passed a statute
requiring cities to collect impact fees for certain improvements.  The law
requires the adoption of land use assumptions from which plans and cost
calculations can be drawn.  This information is commonly contained in
comprehensive plans.  Elimination of this redundant process would be more
efficient. 

PURPOSE

HB 1670 provides municipalities with guidelines to implement and develop
comprehensive municipal plans in accordance to municipal needs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Subtitle A, Title 7, Local Government Code, is amended by
adding Chapter 219 as follows: 

 Chapter 219. MUNICIPAL COMPREHENSIVE PLANS
 
 Sec. 219.001. PURPOSE. States that the powers granted should promote
sound development of municipalities and promote public health, safety, and
welfare. 

 Sec. 219.002. COMPREHENSIVE PLAN. States that the governing body of a
municipality may adopt a comprehensive plan for the long-range development
of the municipality.  A municipality may define the content and design of
a comprehensive plan. 

 Sec. 219.003. ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.  States that a
comprehensive plan may be adopted or amended by ordinance following a
hearing at which the public is given the opportunity to give testimony and
present written evidence and, if one exists, review by the municipality's
planning commission or department. 

 Sec. 219.004. EFFECT ON OTHER MUNICIPAL PLANS. This chapter does not
limit the ability of a municipality to prepare other plans, policies, or
strategies as required. 

SECTION 2. Sec. 211.004 (b), Local Government Code, is repealed.

 SECTION 3. Emergency Clause.

EXPLANATION OF AMENDMENTS

Committee amendment 1 by Bosse: 

 amends HB 1670 on page 1, line 16, between "include" and "provisions",
inserts "but is not limited to". 

Committee amendment 2 by Bosse:

 amends HB 1670 by striking Subsection (d) of SECTION 1 on page 2, lines
3-6. 

Committee amendment 3 by Howard: 

 amends HB 1670 in SECTION 1 of the bill, proposed Chapter 219, Local
Government Code, by adding a new Section 219.005 NOTATION ON MAP OF
COMPREHENSIVE PLAN.