78R4868 MXM-F
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; 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 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.