BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1361

79R7727 PAM-F                                                                                                       By: Wentworth

Intergovernmental Relations

4/6/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Certain cities have passed highly restrictive land use regulations by ordinance, charter amendment, or initiative and referendum, which by their terms, require a large supermajority of the city governing body to amend or vary.  The supermajority requirement can needlessly tie the hands of future governing bodies to make adjustments when a majority of the elected representatives sees fit. 

As proposed, S.B. 1361 prohibits a municipality from requiring the approval of more than a simple majority of the governing body of the municipality to adopt or amend certain ordinances or resolutions, to execute agreements, or compromises and settlements with a property owner. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 51, Local Government Code, by adding Section 51.002, as follows:

            Sec. 51.002.  SUPER MAJORITY PROHIBITED IN CERTAIN CIRCUMSTANCES. (a) Prohibits a municipality from requiring the approval of more than a simple majority of the governing body of the municipality to take certain actions. 

                        (b) Provides a municipal ordinance or charter provision is void to the extent it violates Subsection (a). 

                        (c) Provides that the Act of a municipality described by Subsections (a)(1)-(3) taken before September 1, 2005, with the approval of a simple majority, is valid unless the act has been determined invalid by a final judgment of a court that is not subject to appeal.  

SECTION 2.  Effective date: September 1, 2005.