By: Carona S.B. No. 980
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. DEFINITIONS. In this subchapter:
1-10 (1) "Essential public facilities" means water, sewer,
1-11 or storm drainage facilities or street improvements provided by a
1-12 municipality or private utility.
1-13 (2) "Residential property" means property zoned for or
1-14 otherwise authorized for single-family or multi-family use.
1-15 Sec. 212.132. APPLICABILITY. This subchapter applies only
1-16 to a moratorium imposed on property development affecting only
1-17 residential property.
1-18 Sec. 212.133. PROCEDURE FOR ADOPTING MORATORIUM. A
1-19 municipality may not adopt a moratorium on property development
1-20 unless the municipality:
1-21 (1) complies with the notice and hearing procedures
1-22 prescribed by Section 212.134; and
1-23 (2) makes written findings as provided by Section
1-24 212.135.
1-25 Sec. 212.134. NOTICE AND PUBLIC HEARING REQUIREMENTS.
2-1 (a) Before a moratorium on property development may be imposed, a
2-2 municipality must conduct public hearings as provided by this
2-3 section.
2-4 (b) A public hearing must provide municipal residents and
2-5 affected parties an opportunity to be heard. The municipality must
2-6 publish notice of the time and place of a hearing in a newspaper of
2-7 general circulation in the municipality on the fourth day before
2-8 the date of the hearing.
2-9 (c) Beginning on the fifth business day after the date a
2-10 notice is published under Subsection (b), a temporary moratorium
2-11 takes effect. During the period of the temporary moratorium, a
2-12 municipality may stop accepting permits, authorizations, and
2-13 approvals necessary for the subdivision of, site planning of, or
2-14 construction on real property.
2-15 (d) One public hearing must be held before the governing
2-16 body of the municipality. Another public hearing must be held
2-17 before the municipal zoning commission, if the municipality has a
2-18 zoning commission.
2-19 (e) If a general-law municipality does not have a zoning
2-20 commission, two public hearings separated by at least four days
2-21 must be held before the governing body of the municipality.
2-22 (f) Within 12 days after the date of the first public
2-23 hearing, the municipality shall make a final determination on the
2-24 imposition of a moratorium. Before an ordinance adopting a
2-25 moratorium may be imposed, the ordinance must be given at least two
2-26 readings by the governing body of the municipality. The readings
3-1 must be separated by at least four days. If the municipality fails
3-2 to adopt an ordinance imposing a moratorium within the period
3-3 prescribed by this subsection, an ordinance imposing a moratorium
3-4 may not be adopted, and the temporary moratorium imposed under
3-5 Subsection (c) expires.
3-6 Sec. 212.135. JUSTIFICATION FOR MORATORIUM; WRITTEN FINDINGS
3-7 REQUIRED. (a) If a municipality adopts a moratorium on property
3-8 development, the moratorium is justified by demonstrating a need to
3-9 prevent a shortage of essential public facilities. The
3-10 municipality must issue written findings based on reasonably
3-11 available information. The written findings must include a summary
3-12 of:
3-13 (1) evidence demonstrating the extent of need beyond
3-14 the estimated capacity of existing essential public facilities that
3-15 is expected to result from new property development, including
3-16 identifying:
3-17 (A) any essential public facilities currently
3-18 operating near, at, or beyond capacity;
3-19 (B) the portion of that capacity committed to
3-20 the development subject to the moratorium; and
3-21 (C) the impact fee revenue allocated to address
3-22 the facility need; and
3-23 (2) evidence demonstrating that the moratorium is
3-24 reasonably limited to:
3-25 (A) areas of the municipality where a shortage
3-26 of essential public facilities would otherwise occur; and
4-1 (B) property that has not been approved for
4-2 development because of the insufficiency of existing essential
4-3 public facilities.
4-4 (b) A moratorium that is not based on a shortage of
4-5 essential public facilities is justified only by demonstrating a
4-6 significant need for other public facilities, including police and
4-7 fire facilities. For purposes of this subsection, a significant
4-8 need for public facilities is established if the failure to provide
4-9 those public facilities would result in an overcapacity of public
4-10 facilities or would be detrimental to the health, safety, and
4-11 welfare of the residents of the municipality. The municipality
4-12 must issue written findings based on reasonably available
4-13 information. The written findings must include a summary of:
4-14 (1) evidence demonstrating that applying existing
4-15 development ordinances or regulations and other applicable laws is
4-16 inadequate to prevent the new development from causing the
4-17 overcapacity of municipal infrastructure or being detrimental to
4-18 the public health, safety, and welfare in an affected geographical
4-19 area;
4-20 (2) evidence demonstrating that alternative methods of
4-21 achieving the objectives of the moratorium are unsatisfactory; and
4-22 (3) evidence demonstrating that the municipality has
4-23 approved a working plan and time schedule for achieving the
4-24 objectives of the moratorium.
4-25 Sec. 212.136. EXPIRATION OF MORATORIUM; EXTENSION. (a) A
4-26 moratorium adopted under this subchapter expires on the 120th day
5-1 after the date the moratorium is adopted unless the municipality
5-2 extends the moratorium by:
5-3 (1) holding a public hearing on the proposed extension
5-4 of the moratorium; and
5-5 (2) adopting written findings that:
5-6 (A) identify the problem requiring the need for
5-7 extending the moratorium;
5-8 (B) describe the reasonable progress made to
5-9 alleviate the problem; and
5-10 (C) specify a definite duration for the renewal
5-11 period of the moratorium.
5-12 (b) A municipality proposing an extension of a moratorium
5-13 must publish notice in a newspaper of general circulation in the
5-14 municipality not later than the 15th day before the date of the
5-15 hearing required by Subsection (a).
5-16 Sec. 212.137. WAIVER PROCEDURES REQUIRED. (a) A moratorium
5-17 adopted under this subchapter must allow a permit applicant to
5-18 apply for a waiver from the moratorium relating to the property
5-19 subject to the permit by:
5-20 (1) claiming a right obtained under a development
5-21 agreement;
5-22 (2) claiming a vested right under Chapter 245 or
5-23 common law; or
5-24 (3) providing the public facilities that are the
5-25 subject of the moratorium at the landowner's cost.
5-26 (b) The permit applicant must submit the reasons for the
6-1 request to the governing body of the municipality in writing. The
6-2 governing body of the municipality must vote on whether to grant
6-3 the waiver request within 10 days after receiving the written
6-4 request.
6-5 Sec. 212.138. EFFECT ON OTHER LAW. A moratorium adopted
6-6 under this subchapter does not affect the rights acquired under
6-7 Chapter 245 or common law.
6-8 SECTION 2. Section 395.076, Local Government Code, is
6-9 amended to read as follows:
6-10 Sec. 395.076. MORATORIUM ON DEVELOPMENT PROHIBITED. A
6-11 moratorium may not be placed on new development for the purpose of
6-12 awaiting the completion of all or any part of the process necessary
6-13 to develop, adopt, or update land use assumptions, a capital
6-14 improvements plan, or an [the] impact fee.
6-15 SECTION 3. This Act takes effect immediately if it receives
6-16 a vote of two-thirds of all the members elected to each house, as
6-17 provided by Section 39, Article III, Texas Constitution. If this
6-18 Act does not receive the vote necessary for immediate effect, this
6-19 Act takes effect September 1, 2001.