By: Fraser S.B. No. 1398
2001S0784/1
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 Subsection (d) 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 a previously
1-9 enacted zoning regulation affecting a property unless:
1-10 (1) the owner of the property:
1-11 (A) waives any right to object to the proposed
1-12 change; or
1-13 (B) fails to file a written objection with the
1-14 governing body before the 90th day after the date the governing
1-15 body notifies the property owner of the proposed change; or
1-16 (2) the governing body compensates the property owner
1-17 for the diminution in value resulting from the change as determined
1-18 by:
1-19 (A) an agreement with the property owner; or
1-20 (B) a condemnation proceeding governed by
1-21 Chapter 21, Property Code.
1-22 SECTION 2. This Act takes effect September 1, 2001.