SRC-VRA H.B. 2212 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2212
By: Mowery (Madla)
Intergovernmental Relations
5/20/2003
Engrossed

DIGEST AND PURPOSE 

Current law prohibits a municipality that annexes land from changing the
land use of the area as it existed prior to annexation.  No similar
provision exists that applies to newly-incorporated areas.  H.B. 2212
extends to newly-incorporated areas the same protections afforded to
newlyannexed areas. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 211, Local Government Code, by
adding Section 211.016, as follows: 

Sec. 211.016.  CONTINUATION OF LAND USE IN NEWLY INCORPORATED AREAS.  (a)
Prohibits a  municipality incorporated after January 1, 2003, from
prohibiting a person from using land in certain ways. 

(b)  Provides that for purposes of this section, a completed application
is filed if the application includes all documents and other information
designated as required by the governmental entity in a written notice to
the applicant. 
 
(c)  Provides that this section does not prohibit a municipality from
imposing certain regulations or ordinances. 

(d)  Provides that a municipal ordinance or rule in conflict with this
section is void. 

(e)  Provides that this section does not affect the application of a law
prescribing a buffer zone. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.