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 Sec. 211.004 (b), Local Government Code, is repealed.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