H.B. No. 2212




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 
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 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 initial 
authorization was filed with the governmental entity before the 
date of incorporation.
	(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.
	SECTION 2.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2212 was passed by the House on May 9, 
2003, by the following vote:  Yeas 118, Nays 7, 1 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 2212 on May 30, 2003, by the following vote:  Yeas 136, Nays 0, 
2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 2212 was passed by the Senate, with 
amendments, on May 28, 2003, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor