By:  Mowery (Senate Sponsor - Madla)                              H.B. No. 2212
	(In the Senate - Received from the House May 12, 2003; 
May 13, 2003, read first time and referred to Committee on 
Intergovernmental Relations; May 24, 2003, reported favorably, as 
amended, by the following vote:  Yeas 5, Nays 0; May 24, 2003, sent 
to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Madla

	Amend H.B. 2212 by striking everything below the relating to 
clause and substituting the following:
	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.                          

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.
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