By Wohlgemuth                                   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.