By:  Mowery                                                       H.B. No. 2212



A BILL TO BE ENTITLED

AN ACT

relating to the continuation of legal land use in newly 
incorporated areas. 
	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 January 
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, provided that the person may not 
change the manner in which the land is used without obtaining 
municipal approval; 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 licenses, certificates, permits, 
approvals, or other forms of authorization by a governmental entity 
were required by law for the planned land use; and
			(B)  a completed application for the appropriate 
initial authorization was filed with the governmental entity before 
the date of incorporation and the authorization is still pending 
before the governmental entity on the effective date of the 
incorporation or the person receives the appropriate initial 
authorization by that date.
	(b)  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)  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 substances;
		(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.
	(e)  This section does not affect the application of a law 
prescribing a buffer zone.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.