C.S.H.B. 1207 78(R) Page  of 1BILL ANALYSIS

C.S.H.B. 1207
By: Kuempel
Urban Affairs
Committee Report (Substituted)


BACKGROUND AND PURPOSE

Chapter 211 of the Local Government Code contains the fundamental power of
cities to zone property.  Chapter 211 is entitled Municipal Zoning
Authority.  Under the general zoning powers, cities may regulate the
height, storage, and size of buildings, size of yards and open spaces,
population density, lot coverage, as well as the location and use of
businesses for either commercial, industrial, or residential purposes. 

Committee Substitute House Bill 1207 proposes to clarify the power of
cities to make changes in zoning regulations pertaining to "architectural
style,"  materials and landscaping of tracts of land that are the subject
of an approved preliminary or final plat. In effect, C.S.H.B. 1207
prohibits cities from making changes in requirements relating to
architectural style, materials, and landscaping for single-family
residential homes and lots for a period of two years following approval of
a plat or acceptance of subdivision improvements.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS
   
SECTION 1.  Amends Chapter 211, Local Government Code, to add Section
211.016 to prohibit cities from applying zoning regulations regarding the
exterior appearance of single-family residential houses or the landscaping
of single-family residential lots until after two years have passed from
either plat approval or acceptance for public dedication of subdivision
improvements.  This prohibition does not apply to building codes regarding
inherently dangerous building materials. 

SECTION 2.  Effective date; prospective application.

EFFECTIVE DATE:  September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original H.B. 1207 would have affirmatively authorized municipal
zoning regulations to involve landscaping and architectural matters and to
make such regulations subject to Local Government Code Chapter 245,
Issuance of Permits.  C.S.H.B. 1207 prohibits the application of zoning
regulations until after two years have passed from either the plat
approval or acceptance of subdivision improvements.  This restriction only
applies zoning regulations regarding exterior appearance of single-family
residential homes and landscaping of single-family residential lots, and
does not prohibit cities from enforcing codes regarding inherently
dangerous building materials.   Amended Caption. Redrafted for better
placement in the Code.