SRC-BPP, JEC S.B. 1398 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1398
By: Fraser
Intergovernmental Relations
3/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, the governing body of a municipality has the power to enact
zoning regulations in accordance with its comprehensive plan, and
occasionally has reason to change zoning regulations.  Some changes may
adversely affect property value.  As proposed, S.B. 1398 prohibits the
governing body from changing a previously enacted zoning regulation
affecting a property unless the property owner gives consent for the change
or is compensated for the reduction in value. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 211.003, Local Government Code, to prohibit the
governing body of a municipality, notwithstanding any other provision of
this subchapter, from changing a previously enacted zoning regulation
affecting a property unless:  the owner of the property waives any right to
object to the proposed change or fails to file a written objection before
the 90th day after the date the governing body notifies the property owner
of the proposed change; or the governing body compensates the property
owner for the diminution in value resulting from the change as determined
by an agreement with the property owner or a condemnation proceeding
governed by Chapter 21 (Eminent Domain), Property Code. 

SECTION 2.  Effective date: September 1, 2001.