SRC-JRN C.S.S.B. 1227 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 1227
By: Shapiro
Intergovernmental Relations
4-10-97
Committee Report (Substituted)


DIGEST 

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

As proposed, C.S.S.B. 1227 eliminates the requirement for comprehensive
plans to be developed after land use assumptions are adopted by a city. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a municipality in SECTION 1 (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 (Compliance
with Comprehensive Plan). 
 
SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Authorizes a comprehensive plan to include, but is not limited to, certain
provisions.  Deletes a provision authorizing a comprehensive plan adopted
under this chapter in a manner that complies with Chapter 395C, to be used
in place of a separate ordinance, order, or resolution approving land use
assumptions.  Authorizes land use assumptions adopted in a manner that
complies with Chapter 395C, to be incorporated in a comprehensive plan.