AN ACT
1-1 relating to the establishment of a comprehensive plan by a
1-2 municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 7, Local Government Code, is
1-5 amended by adding Chapter 219 to read as follows:
1-6 CHAPTER 219. MUNICIPAL COMPREHENSIVE PLANS
1-7 Sec. 219.001. PURPOSE. The powers granted under this
1-8 chapter are for the purpose of promoting sound development of
1-9 municipalities and promoting public health, safety, and welfare.
1-10 Sec. 219.002. COMPREHENSIVE PLAN. (a) The governing body
1-11 of a municipality may adopt a comprehensive plan for the long-range
1-12 development of the municipality. A municipality may define the
1-13 content and design of a comprehensive plan.
1-14 (b) A comprehensive plan may:
1-15 (1) include but is not limited to provisions on land
1-16 use, transportation, and public facilities;
1-17 (2) consist of a single plan or a coordinated set of
1-18 plans organized by subject and geographic area; and
1-19 (3) be used to coordinate and guide the establishment
1-20 of development regulations.
1-21 (c) A municipality may define, in its charter or by
1-22 ordinance, the relationship between a comprehensive plan and
1-23 development regulations and may provide standards for determining
2-1 the consistency required between a plan and development
2-2 regulations.
2-3 (d) Land use assumptions adopted in a manner that complies
2-4 with Subchapter C, Chapter 395, may be incorporated in a
2-5 comprehensive plan.
2-6 Sec. 219.003. ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.
2-7 (a) A comprehensive plan may be adopted or amended by ordinance
2-8 following a hearing at which the public is given the opportunity to
2-9 give testimony and present written evidence and, if one exists,
2-10 review by the municipality's planning commission or department.
2-11 (b) A municipality may establish, in its charter or by
2-12 ordinance, procedures for adopting and amending a comprehensive
2-13 plan.
2-14 Sec. 219.004. EFFECT ON OTHER MUNICIPAL PLANS. This chapter
2-15 does not limit the ability of a municipality to prepare other
2-16 plans, policies, or strategies as required.
2-17 Sec. 219.005. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map
2-18 of a comprehensive plan illustrating future land use shall contain
2-19 the following clearly visible statement: "A comprehensive plan
2-20 shall not constitute zoning regulations or establish zoning
2-21 district boundaries."
2-22 SECTION 2. Subsection (b), Section 211.004, Local Government
2-23 Code, is repealed.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1227 passed the Senate on
April 28, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 15, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1227 passed the House, with
amendment, on May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor