1-1     By:  Shapiro                                          S.B. No. 1227

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 11, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 11, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1227                 By:  Shapiro

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the establishment of a comprehensive plan by a

1-11     municipality.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subtitle A, Title 7, Local Government Code, is

1-14     amended by adding Chapter 219 to read as follows:

1-15                 CHAPTER 219.  MUNICIPAL COMPREHENSIVE PLANS

1-16           Sec. 219.001.  PURPOSE.  The powers granted under this

1-17     chapter are for the purpose of promoting sound development of

1-18     municipalities and promoting public health, safety, and welfare.

1-19           Sec. 219.002.  COMPREHENSIVE PLAN.  (a)  The governing body

1-20     of a municipality may adopt a comprehensive plan for the long-range

1-21     development of the municipality.  A municipality may define the

1-22     content and design of a comprehensive plan.

1-23           (b)  A comprehensive plan may:

1-24                 (1)  include but is not limited to provisions on land

1-25     use, transportation, and public facilities;

1-26                 (2)  consist of a single plan  or a coordinated set of

1-27     plans organized by subject and geographic area; and

1-28                 (3)  be used to coordinate and guide the establishment

1-29     of development regulations.

1-30           (c)  A municipality may define, in its charter or by

1-31     ordinance, the relationship between a comprehensive plan and

1-32     development regulations and may provide standards for determining

1-33     the consistency required between a plan and development

1-34     regulations.

1-35           (d)  Land use assumptions adopted in a manner that complies

1-36     with Subchapter C, Chapter 395, may be incorporated in a

1-37     comprehensive plan.

1-38           Sec. 219.003.  ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.

1-39     (a)  A comprehensive plan may be adopted or amended by ordinance

1-40     following a hearing at which the public is given the opportunity to

1-41     give testimony and present written evidence and, if one exists,

1-42     review by the municipality's planning commission or department.

1-43           (b)  A municipality may establish, in its charter or by

1-44     ordinance, procedures for adopting and amending a comprehensive

1-45     plan.

1-46           Sec. 219.004.  EFFECT ON OTHER MUNICIPAL PLANS.  This chapter

1-47     does not limit the ability of a municipality to prepare other

1-48     plans, policies, or strategies as required.

1-49           SECTION 2.  Subsection (b), Section 211.004, Local Government

1-50     Code, is repealed.

1-51           SECTION 3.   The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended,

1-56     and that this Act take effect and be in force from and after its

1-57     passage, and it is so enacted.

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