By Wohlgemuth, Brimer, Puente H.B. No. 1670
75R5005 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a comprehensive plan by a
1-3 municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 7, Local Government Code, is
1-6 amended by adding Chapter 219 to read as follows:
1-7 CHAPTER 219. MUNICIPAL COMPREHENSIVE PLANS
1-8 Sec. 219.001. PURPOSE. The powers granted under this
1-9 chapter are for the purpose of promoting sound development of
1-10 municipalities and promoting public health, safety, and welfare.
1-11 Sec. 219.002. COMPREHENSIVE PLAN. (a) The governing body
1-12 of a municipality may adopt a comprehensive plan for the long-range
1-13 development of the municipality. A municipality may define the
1-14 content and design of a comprehensive plan.
1-15 (b) A comprehensive plan may:
1-16 (1) include provisions on land use, transportation,
1-17 and public facilities;
1-18 (2) consist of a single plan or a coordinated set of
1-19 plans organized by subject and geographic area; and
1-20 (3) be used to coordinate and guide the establishment
1-21 of development regulations.
1-22 (c) A municipality may define, in its charter or by
1-23 ordinance, the relationship between a comprehensive plan and
1-24 development regulations and may provide standards for determining
2-1 the consistency required between a plan and development
2-2 regulations.
2-3 (d) A comprehensive plan adopted under this chapter in a
2-4 manner that complies with Subchapter C, Chapter 395, may be used in
2-5 place of a separate ordinance, order, or resolution approving land
2-6 use assumptions under Section 395.045.
2-7 Sec. 219.003. ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.
2-8 (a) A comprehensive plan may be adopted or amended by ordinance
2-9 following a hearing at which the public is given the opportunity to
2-10 give testimony and present written evidence and, if one exists,
2-11 review by the municipality's planning commission or department.
2-12 (b) A municipality may establish, in its charter or by
2-13 ordinance, procedures for adopting and amending a comprehensive
2-14 plan.
2-15 Sec. 219.004. EFFECT ON OTHER MUNICIPAL PLANS. This chapter
2-16 does not limit the ability of a municipality to prepare other
2-17 plans, policies, or strategies as required.
2-18 SECTION 2. Section 211.004(b), Local Government Code, is
2-19 repealed.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
2-27 COMMITTEE AMENDMENT NO. 1
3-1 Amend H.B. 1670 as follows:
3-2 On page 1, line 16, between "include" and "provisions",
3-3 insert "but is not limited to".
3-4 Bosse
3-5 COMMITTEE AMENDMENT NO. 2
3-6 Amend H.B. 1670 as follows:
3-7 Strike Subsection (d) of SECTION 1 if the bill (Introduced
3-8 Bill page 2, lines 3-6) and substitute "(d) Land use assumptions
3-9 adopted in a manner that complies with Subchapter C, Chapter 395,
3-10 may be incorporated in a comprehensive plan."
3-11 Bosse
3-12 COMMITTEE AMENDMENT NO. 3
3-13 Amend H.B. No. 1670 in SECTION 1 of the bill, proposed
3-14 Chapter 219, Local Government Code, by adding a new Section 219.005
3-15 to read as follows:
3-16 Sec. 219.005. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map
3-17 of a comprehensive plan illustrating future land use shall contain
3-18 the following clearly visible statement: "A comprehensive plan
3-19 shall not constitute zoning regulations or establish zoning
3-20 district boundaries."
3-21 Howard