SLC S.B. 1227 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1227
By: Shapiro (Wohlgemuth)
5-9-97
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 plans.  Consistency between a city's regulations and a
city's comprehensive plan is ambiguous under current law.  This bill
eliminates the requirement for comprehensive plans to be developed after
land use assumptions are adopted by a city. 

PURPOSE

SB 1227 eliminates the requirement for comprehensive plans to be developed
after land use assumptions are adopted by a city. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant
additional rulemaking authority to 
the municipality in Sections 219.002 and 219.003, Local Government Code of
this bill. 

SECTION BY SECTION ANALYSIS

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

  CHAPTER 219.  MUNICIPAL COMPREHENSIVE PLANS

Sec. 219.001. PURPOSE.  Provides that the powers granted under this
chapter are for the purpose of promoting sound development of
municipalities and promoting public health, safety, and welfare. 

Sec. 219.002. COMPREHENSIVE PLAN.  Authorizes the governing body of a
municipality to adopt a comprehensive plan for the long-range development
of the municipality. Authorizes a municipality to define the content and
design of a comprehensive plan.  Sets forth provisions which a
comprehensive plan may include.  Authorizes a municipality to define, in
its charter or by ordinance, the relationship between a comprehensive plan
and development regulations and to provide standards for determining the
consistency required between a plan and development regulations.
Authorizes land use assumptions adopted in a manner that complies with
Chapter 395C, to be incorporated in a comprehensive plan. 

Sec. 219.003. ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN. Authorizes a
comprehensive plan to 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. Authorizes a municipality to establish,
in its charter or by ordinance, procedures for adopting and amending a
comprehensive plan. 

Sec. 219.004. EFFECT ON OTHER MUNICIPAL PLANS.  Prohibits this chapter
from limiting the ability of a municipality to prepare other plans,
policies, or strategies as required. 

SECTION 2. Repealer: Section 211.004(b), Local Government Code.

 SECTION 3. Emergency Clause. Effective Date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1  by Krusee

Amends SB 1227 in SECTION 1 of the bill, by inserting Section 219.005,
Local Government Code, as follows: 

 Sec. 219.005.  NOTATION ON MAP OF COMPREHENSIVE PLAN.  A map of a
comprehensive plan illustrating future land use shall contain the
following clearly visible statement: "A comprehensive plan shall not
constitute zoning regulations or establish zoning district boundaries."