By:  Mowery                                                       H.B. No. 2345

Substitute the following for H.B. No. 2345:                                   

By:  Talton                                                   C.S.H.B. No. 2345



A BILL TO BE ENTITLED

AN ACT

relating to requiring a municipality to make a change in zoning.              
	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 211.0076 to read as follows:
	Sec. 211.0076.  CHANGE IN ZONING REQUIRED.  (a)  In this 
section:     
		(1)  "Initial zoning" means the first zoning of 
non-zoned or interim zoned property in which the individual 
characteristics or location of the property is considered in 
determining the zoning classification of the property.
		(2)  "Interim zoning" means the first zoning of 
non-zoned property ordered by a municipality.
	(b)  Within one year of the initial zoning of undeveloped 
property, a landowner of undeveloped property may petition the 
municipality for a change in zoning and the zoning commission shall 
conduct a hearing to determine whether a change in zoning of the 
property is required under this section.
	(c)  At the hearing, if the landowner establishes that the 
zoning of the undeveloped property is of a category for which, after 
disregarding the landowner's property, there is a supply in the 
municipality that is sufficient to meet the needs of the 
municipality for more than the next 25 years, the zoning commission 
shall change the zoning of the property to a single-family 
residence category that existed in the municipality when then 
property was annexed.
	(c)  A landowner making a petition under this section may 
appeal a decision of the zoning commission to the governing body of 
the municipality and then to a county or district court of the 
county in which the property is located.
	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.