By: Armbrister S.B. No. 1406
A BILL TO BE ENTITLED
relating to the manner in which a municipality may impose a
moratorium on commercial property development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.131, Local Government Code, is
amended by amending Subdivision (3) and adding Subdivision (4) to
read as follows:
(3) "Property development" means the new construction
of residential or commercial buildings on vacant land.
(4) "Commercial property" means property zoned for or
otherwise authorized for commercial use but excluding industrial
SECTION 2. Section 212.132, Local Government Code, is
amended to read as follows:
Sec. 212.132. APPLICABILITY. This subchapter applies only
to a moratorium imposed on property development affecting only
residential property, commercial property, or both residential and
SECTION 3. (a) This Act applies to a moratorium adopted on
or after the effective date of this Act.
(b) If a moratorium affecting commercial property was
adopted by a municipality before the effective date of this Act and,
under the terms of the moratorium, remains in effect later than the
120th day after the effective date of this Act, the municipality
must comply with Section 212.136, Local Government Code, to
continue the moratorium in effect later than the 120th day after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.