77R12550 PAM-F
By Walker H.B. No. 2117
Substitute the following for H.B. No. 2117:
By Turner of Coleman C.S.H.B. No. 2117
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition by a municipality of a moratorium on
1-3 property development in certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 212, Local Government Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. MORATORIUM ON PROPERTY DEVELOPMENT IN CERTAIN
1-8 CIRCUMSTANCES
1-9 Sec. 212.131. DEFINITION. In this subchapter, "essential
1-10 public facilities" means water or sewer facilities or street
1-11 improvements provided by a municipality or private utility.
1-12 Sec. 212.132. APPLICABILITY. This subchapter applies only to
1-13 a moratorium imposed on property development affecting only
1-14 residential property.
1-15 Sec. 212.133. MORATORIUM ON PROPERTY DEVELOPMENT. (a) For
1-16 purposes of this subchapter, a municipality is considered to have
1-17 imposed a moratorium on property development if the municipality
1-18 routinely delays the issuance of or stops issuing permits,
1-19 authorizations, or approvals necessary for the subdivision of, site
1-20 planning of, or construction on real property.
1-21 (b) A municipality is not considered to have imposed a
1-22 moratorium on property development if the municipality denies or
1-23 delays a permit, authorization, or approval because the permit,
1-24 authorization, or approval is inconsistent with applicable
2-1 statutes, rules, or ordinances, including zoning ordinances.
2-2 Sec. 212.134. PROCEDURE FOR ADOPTING MORATORIUM. A
2-3 municipality may not adopt a moratorium on property development
2-4 unless the municipality:
2-5 (1) complies with the notice and hearing procedures
2-6 prescribed by Section 212.135; and
2-7 (2) makes written findings as provided by Section
2-8 212.136.
2-9 Sec. 212.135. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a)
2-10 Before a moratorium on property development may be imposed, a
2-11 municipality must conduct public hearings as provided by this
2-12 section.
2-13 (b) A public hearing must provide municipal residents and
2-14 affected parties an opportunity to be heard. The municipality must
2-15 publish notice of the time and place of a hearing in a newspaper of
2-16 general circulation in the municipality on the fourth day before
2-17 the date of the hearing.
2-18 (c) Beginning on the fifth business day after the date a
2-19 notice is published under Subsection (b), a temporary moratorium
2-20 takes effect. During the period of the temporary moratorium, a
2-21 municipality may stop accepting applications for permits,
2-22 authorizations, and approvals necessary for the subdivision of,
2-23 site planning of, or construction on real property.
2-24 (d) One public hearing must be held before the governing
2-25 body of the municipality. Another public hearing must be held
2-26 before the municipal zoning commission, if the municipality has a
2-27 zoning commission.
3-1 (e) If a general-law municipality does not have a zoning
3-2 commission, two public hearings separated by at least four days
3-3 must be held before the governing body of the municipality.
3-4 (f) Within 12 days after the date of the first public
3-5 hearing, the municipality shall make a final determination on the
3-6 imposition of a moratorium. Before an ordinance adopting a
3-7 moratorium may be imposed, the ordinance must be given at least two
3-8 readings by the governing body of the municipality. The readings
3-9 must be separated by at least four days. If the municipality fails
3-10 to adopt an ordinance imposing a moratorium within the period
3-11 prescribed by this subsection, an ordinance imposing a moratorium
3-12 may not be adopted, and the temporary moratorium imposed under
3-13 Subsection (c) expires.
3-14 Sec. 212.136. JUSTIFICATION FOR MORATORIUM; WRITTEN FINDINGS
3-15 REQUIRED. (a) If a municipality adopts a moratorium on property
3-16 development, the moratorium may be justified by demonstrating a
3-17 need to prevent a shortage of essential public facilities that
3-18 would otherwise occur during the effective period of the
3-19 moratorium. The municipality must issue written findings based on
3-20 reasonably available information. The written findings must
3-21 include a summary of:
3-22 (1) evidence demonstrating the extent of need beyond
3-23 the estimated capacity of existing essential public facilities that
3-24 is expected to result from new property development, including
3-25 identifying:
3-26 (A) any essential public facilities currently
3-27 operating beyond capacity;
4-1 (B) the portion of that capacity committed to
4-2 development; and
4-3 (C) the impact fees allocated to address the
4-4 need;
4-5 (2) evidence demonstrating that the moratorium is
4-6 reasonably limited to:
4-7 (A) areas of the municipality where a shortage
4-8 of essential public facilities would otherwise occur; and
4-9 (B) property that has not been approved for
4-10 development because of the insufficiency of existing essential
4-11 public facilities; and
4-12 (3) evidence demonstrating that the housing and
4-13 economic development needs of the affected area have been
4-14 accommodated as much as possible by any programs that allocate
4-15 remaining essential public facilities capacity.
4-16 (b) A moratorium that is not based on a shortage of
4-17 essential public facilities may be justified only by demonstrating
4-18 a compelling need for other public facilities, including police and
4-19 fire facilities. For purposes of this subsection, a compelling
4-20 need for public facilities is established if the failure to provide
4-21 those public facilities would result in a clear and imminent danger
4-22 to public health and safety. The municipality must issue written
4-23 findings based on reasonably available information. The written
4-24 findings must include a summary of:
4-25 (1) evidence demonstrating that applying existing
4-26 development ordinances or regulations and other applicable law is
4-27 inadequate to prevent irrevocable public harm from development in
5-1 affected geographical areas;
5-2 (2) evidence demonstrating that the moratorium is
5-3 sufficiently limited to ensure that a needed supply of affected
5-4 housing types and the supply of commercial and industrial
5-5 facilities within or in proximity of the municipality are not
5-6 unreasonably restricted by the adoption of the moratorium;
5-7 (3) evidence demonstrating that alternative methods of
5-8 achieving the objectives of the moratorium are unsatisfactory;
5-9 (4) evidence demonstrating that the public harm
5-10 resulting from failing to impose a moratorium outweighs the adverse
5-11 impact on other affected local governments resulting from imposing
5-12 the moratorium, including public harm resulting from:
5-13 (A) shifts in demand for housing, economic
5-14 development, public facilities and services, and property suitable
5-15 for development; and
5-16 (B) the overall impact of the moratorium on
5-17 population distribution; and
5-18 (5) evidence demonstrating that the municipality has
5-19 developed a working plan and time schedule for achieving the
5-20 objectives of the moratorium.
5-21 Sec. 212.137. EXPIRATION OF MORATORIUM; EXTENSION. (a) A
5-22 moratorium adopted under this subchapter expires on the 120th day
5-23 after the date the moratorium is adopted unless the municipality
5-24 extends the moratorium by:
5-25 (1) holding a public hearing on the proposed extension
5-26 of the moratorium; and
5-27 (2) adopting written findings that:
6-1 (A) identify the problem requiring the need for
6-2 extending the moratorium;
6-3 (B) describe the reasonable progress made to
6-4 alleviate the problem; and
6-5 (C) specify a definite duration for the renewal
6-6 period of the moratorium.
6-7 (b) A municipality proposing an extension of a moratorium
6-8 must publish notice in a newspaper of general circulation in the
6-9 municipality not later than the 15th day before the date of the
6-10 hearing required by Subsection (a).
6-11 Sec. 212.138. WAIVER PROCEDURES REQUIRED. A moratorium
6-12 adopted under this subchapter must provide a procedure that permits
6-13 a landowner to apply for a waiver from the moratorium relating to
6-14 the landowner's property by:
6-15 (1) claiming a right obtained under a development
6-16 agreement;
6-17 (2) claiming a protected or vested right; or
6-18 (3) providing the public facilities that are the
6-19 subject of the moratorium at the landowner's cost.
6-20 Sec. 212.139. EFFECT ON OTHER LAW. A moratorium adopted
6-21 under this subchapter does not affect the rights acquired under
6-22 Chapter 245.
6-23 SECTION 2. Section 395.076, Local Government Code, is amended
6-24 to read as follows:
6-25 Sec. 395.076. MORATORIUM ON DEVELOPMENT PROHIBITED. A
6-26 moratorium may not be placed on new development for the purpose of
6-27 awaiting the completion of all or any part of the process necessary
7-1 to develop, adopt, or update land use assumptions, a capital
7-2 improvements plan, or an [the] impact fee.
7-3 SECTION 3. This Act takes effect immediately if it receives
7-4 a vote of two-thirds of all the members elected to each house, as
7-5 provided by Section 39, Article III, Texas Constitution. If this
7-6 Act does not receive the vote necessary for immediate effect, this
7-7 Act takes effect September 1, 2001.