77R16558 PAM-F
By Fraser S.B. No. 1398
Substitute the following for S.B. No. 1398:
By Turner of Coleman C.S.S.B. No. 1398
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the governing body of a municipality
1-3 to change previously adopted zoning regulations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 211.003, Local Government Code, is
1-6 amended by adding Subsections (d)-(h) to read as follows:
1-7 (d) Notwithstanding any other provision of this subchapter,
1-8 the governing body of a municipality may not change the zoning
1-9 classification of a property that results in a diminution of more
1-10 than 25 percent of the property's value unless:
1-11 (1) the owner of the property:
1-12 (A) waives any right to object to the proposed
1-13 change; or
1-14 (B) fails to file with the governing body before
1-15 the 90th day after the date the governing body notifies the
1-16 property owner of the date the governing body will vote on the
1-17 proposed change under Section 211.006:
1-18 (i) a written statement objecting to the
1-19 proposed change under this section; and
1-20 (ii) a copy of an appraisal report by a
1-21 state certified or licensed appraiser that states the appraiser's
1-22 opinion of the value of the property before and after the proposed
1-23 change in the zoning classification; or
1-24 (2) the governing body compensates the property owner
2-1 for the diminution in value resulting from the change as determined
2-2 by:
2-3 (A) an agreement with the property owner; or
2-4 (B) a proceeding governed by Chapter 21,
2-5 Property Code.
2-6 (e) For the purposes of this section, a municipality's
2-7 designation and regulation of an area that overlays a property's
2-8 zoning classification is not considered a change in a zoning
2-9 classification if the overlay designation is made for a purpose
2-10 described by Subsection (b) or for the purpose of regulating roads,
2-11 landscaping, trees, signs, parking, flood control, or geologically
2-12 unstable areas.
2-13 (f) Subsection (d) does not apply to property if the zoning
2-14 classification for the property was not changed by the governing
2-15 body of a municipality over the owner's objections at any time
2-16 during the 20 years immediately preceding the date the governing
2-17 body notifies the property owner of a proposed change in the
2-18 property's zoning classification under Subsection (d).
2-19 (g) A property owner who fails to timely file an objection
2-20 to a proposed change in the property's zoning classification waives
2-21 any right to compensation under this section.
2-22 (h) Subsections (d)-(g) and this subsection expire September
2-23 1, 2003.
2-24 SECTION 2. Subchapter A, Chapter 21, Property Code, is
2-25 amended by amending Section 21.003 and adding Section 21.004 to
2-26 read as follows:
2-27 Sec. 21.003. DISTRICT COURT AUTHORITY. A district court may
3-1 determine all issues, including the authority to condemn property
3-2 and the assessment of damages, in any suit filed under this chapter
3-3 and any suit filed:
3-4 (1) in which this state, a political subdivision of
3-5 this state, a person, an association of persons, or a corporation
3-6 is a party; and
3-7 (2) that involves a claim for property or for damages
3-8 to property occupied by the party under the party's eminent domain
3-9 authority or for an injunction to prevent the party from entering
3-10 or using the property under the party's eminent domain authority.
3-11 Sec. 21.004. PROCEEDINGS REGARDING CHANGE OF ZONING
3-12 CLASSIFICATION. (a) A proceeding filed under this chapter for the
3-13 purpose of determining the diminution of a property's value under
3-14 Section 211.003(d), Local Government Code, is a condemnation or
3-15 eminent domain proceeding under this chapter for the sole purpose
3-16 of satisfying the procedures required by this chapter.
3-17 (b) In a proceeding described by Subsection (a), the
3-18 condemnor or acquiring entity is the municipality, the condemned
3-19 property is the property for which the zoning is to be
3-20 reclassified, and the condemnation is the change in the property's
3-21 zoning classification.
3-22 (c) The special commissioners or district court, as
3-23 appropriate, may determine all issues related to a proceeding under
3-24 this section.
3-25 (d) Not later than the 10th day before the date the
3-26 condemnation proceeding begins, each party shall provide to the
3-27 other parties a copy of each appraisal report supporting that
4-1 party's opinion of any diminution of value.
4-2 (e) The municipality may change the property's zoning
4-3 classification at any time pending the results of the special
4-4 commissioners' award or further litigation.
4-5 (f) This section expires September 1, 2003.
4-6 SECTION 3. Subchapter B, Chapter 21, Property Code, is
4-7 amended by adding Section 21.0121 to read as follows:
4-8 Sec. 21.0121. CONDEMNATION PETITION RELATING TO ZONING
4-9 CLASSIFICATION. (a) If the United States, this state, a political
4-10 subdivision of this state, a corporation with eminent domain
4-11 authority, or an irrigation, water improvement, or water power
4-12 control district created by law wants to change a property's zoning
4-13 classification but is unable to agree with the owner of the
4-14 property on the amount of damages, the condemning entity may begin
4-15 a condemnation proceeding by filing a petition in the proper court.
4-16 (b) The petition must:
4-17 (1) describe the property to be reclassified under a
4-18 different zoning classification;
4-19 (2) state the purpose for which the property's zoning
4-20 is to be changed;
4-21 (3) state the name of the owner of the property if the
4-22 owner is known; and
4-23 (4) state that the entity and the property owner are
4-24 unable to agree on the damages.
4-25 (c) This section expires September 1, 2003.
4-26 SECTION 4. This Act takes effect September 1, 2001.