SRC-VRA C.S.S.B. 991 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 991
By: Armbrister
Intergovernmental Relations
4/29/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current Texas law authorizes cities to adopt zoning ordinances to control
land and building use. Under the police power granted to cities, a city
may also regulate aesthetics such as landscaping and the types of building
materials or architectural styles that must be used.  C.S.S.B. 991 states
that a zoning ordinance relating to the exterior appearance or landscaping
of a home that is passed after a residential subdivision plat is approved
will not apply to the subdivision for two years after the plat is approved
or the public improvements are accepted by the municipality. Finally, this
will not prevent a municipality from applying building codes or
prohibiting the use of materials that have been found to be inherently
dangerous.  

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.  ZONING REGULATION AFFECTING APPEARANCE OF BUILDINGS OR
OPEN SPACES.  (a) Provides that this section applies only to a zoning
regulation that affects certain residential properties. 

(b)  Provides that a zoning regulation adopted after the approval of a
residential subdivision plat does not apply to that subdivision until the
second of a later specified date. 

(c)  Provides that this section does not prevent a municipality from
adopting or enforcing applicable building codes or prohibiting the use of
building materials that have been proven to be inherently dangerous.   

SECTION 2.(a)  Effective date:  September 1, 2003.

  (b)  Makes application of this Act, prospective.