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By:  Talton                                                       H.B. No. 2731



A BILL TO BE ENTITLED

AN ACT

relating to procedures governing adoption of zoning regulations and 
district boundaries.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 7.  PROCEDURES GOVERNING ADOPTION OF 
ZONING REGULATIONS AND DISTRICT BOUNDARIES, Section 211.006, Local 
Government Code, is amended to read as follows:
	(a)  The governing body of a municipality wishing to exercise 
the authority relating to zoning regulations and zoning district 
boundaries shall establish procedures for adopting and enforcing 
the regulations and boundaries.  A regulation or boundary is not 
effective until after a public hearing on the matter at which 
parties in interest and citizens have an opportunity to be heard.  
Before the 15th day before the date of the hearing, notice of the 
time and place of the hearing must be published in an official 
newspaper or a newspaper of general circulation in the 
municipality.
	(b)  In addition to the notice required by Subsection (a), a 
general-law municipality that does not have a zoning commission 
shall give notice of a proposed change in a zoning classification to 
each property owner who would be entitled to notice under Section 
211.007(c) if the municipality had a zoning commission.  That 
notice must be given in the same manner as required for notice to 
property owners under Section 211.007(c).  The governing body may 
not adopt the proposed change until after the 30th day after the 
date the notice required by this subsection is given.
	(c)  If the governing body of a home-rule municipality 
conducts a hearing under Subsection (a), the governing body may, by 
a two-thirds vote, prescribe the type of notice to be given of the 
time and place of the public hearing.  Notice requirements 
prescribed under this subsection are in addition to the publication 
of notice required by Subsection (a).
	(d)  If a proposed change to a regulation or boundary is 
protested in accordance with this subsection, the proposed change 
must receive, in order to take effect, the affirmative vote of at 
least three-fourths of all members of the governing body on all 
readings of the ordinance.  The protest must be written and signed 
by the owners of the property if it is subject to a tax exemption 
pursuant to Section 11.20, Tax Code or at least 20 percent of 
either:
		(1)  the area of the lots or land covered by the 
proposed change; or        
		(2)  the area of the lots or land immediately adjoining 
the area covered by the proposed change and extending 200 feet from 
that area.  This subsection applies to all attempted changes to 
regulations or boundaries which occurred since January 1, 2000 and 
are applicable to property subject to a tax exemption pursuant to 
Section 11.20, Tax Code.
	(e)  In computing the percentage of land area under 
Subsection (d), the area of streets and alleys shall be included.
	(f)  The governing body by ordinance may provide that the 
affirmative vote of at least three-fourths of all its members is 
required to overrule a recommendation of the municipality's zoning 
commission that a proposed change to a regulation or boundary be 
denied.
	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.