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.