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


Senate Research CenterH.B. 2212
By: Mowery (Madla)
Intergovernmental Relations
5/23/2003
Committee Report (Amended)
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
newly-annexed 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.


LIST OF COMMITTEE AMENDMENTS:

Amends H.B. 2212 by striking everything below the relating to clause and
substituting the following: 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Subchapter A, Chapter 211, Local Government Code, is amended
by adding Section 211.016 to read as follows: 

Sec.  211.016.  CONTINUATION OF LAND USE IN NEWLY INCORPORATED AREAS.  (a)
A municipality incorporated after September 1, 2003, may not prohibit a
person from: 
 
(1)  continuing to use land in the area in the manner in which the land
was being used on the date of incorporation if the land use was legal at
that time; or  

(2)  beginning to use land in the area in the manner that was planned for
the land before the 90th day before the effective date of the
incorporation if: 

(A)  one or more license, certificates, permits, approvals, or other forms
of authorization by governmental entity were required by law for the
planned land use; and 

(B)  a completed application for the initial authorization was filed with
the governmental entity before the date of incorporation.  

(b)  For purpose 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)  This section does not prohibit a municipality from imposing:

(1)  a regulation relating to the location of sexually oriented
businesses, as that term is defined by Section 243.002; 

(2)  a municipal ordinance, regulation, or other requirement affecting
colonias, as that term is defined by Section 2306.581, Government Code; 

(3)  a regulation relating to preventing imminent destruction of property
or injury to persons;  

  (4)  a regulation relating to public nuisances;

  (5)  a regulation relating to flood control;

  (6)  a regulation relating to the storage and use of hazardous substance;

  (7)  a regulation relating to the sale and use of fireworks; or

  (8)  a regulation relating to the discharge of firearms.

 (d)  A municipal ordinance or rule in conflict with this section is void.

SECTION 2.  Effective date: September 1, 2003.