By:  Kuempel (Senate Sponsor - Armbrister)                        H.B. No. 1207
	(In the Senate - Received from the House May 2, 2003; 
May 6, 2003, read first time and referred to Committee on 
Intergovernmental Relations; May 16, 2003, reported favorably by 
the following vote:  Yeas 4, Nays 0; May 16, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the application of certain municipal zoning regulations 
affecting the appearance of buildings or open spaces.
	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.  ZONING REGULATION AFFECTING APPEARANCE OF 
BUILDINGS OR OPEN SPACE.  (a)  This section applies only to a zoning 
regulation that affects:
		(1)  the exterior appearance of a single-family house, 
including the type and amount of building materials; or
		(2)  the landscaping of a single-family residential 
lot, including the type and amount of plants or landscaping 
materials.
	(b)  A zoning regulation adopted after the approval of a 
residential subdivision plat does not apply to that subdivision 
until the second anniversary of the later of:
		(1)  the date the plat was approved; or                                
		(2)  the date the municipality accepts the subdivision 
improvements offered for public dedication.
	(c)  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)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
residential subdivision plat approved by a municipality on or after 
the effective date of this Act.  A residential subdivision plat 
approved by a municipality before the effective date of this Act is 
governed by the law in effect when the plat was approved, and the 
former law is continued in effect for that purpose.



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