BILL ANALYSIS
By: Kuempel
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, Section 211.003, Local Government Code, pertaining to municipal zoning regulations generally, gives the governing body of a municipality general zoning powers.
The purpose of C.S.H.B. 1736 is to allow a municipality, in addition to its other zoning powers, to also regulate both the amount of impervious cover allowed on a lot and the limits on the floor to area ratio of the lot; and to also require a municipality to regulate only one of the following in the case of residential construction: the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Sections 211.003, Local Government Code, by amending Subsections (a) and (c), and adding Subsection (d), as follows:
Adds language that the governing body of a municipality may regulate the amount of impervious cover allowed on a lot and the limits on the floor to area ratio of the lot (in addition to existing powers). Provides that except as provided by the new Subsection (d), the governing body of a municipality may also regulate the bulk of buildings.
The new Subsection (d) requires that the governing body of a municipality may only use one of the following regulations in the case of residential construction: the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot.
SECTION 2. Provides that the changes in law made by this Act to Sections 211.003, Local Government Code, apply to any zoning regulation adopted on or after January 1, 2006.
SECTION 3. Effective Date. Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
SECTION 1. The Original prohibits the governing body of a municipality from regulating more than one of the following (in addition to its other powers): the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot. The Committee Substitute adds language that the governing body of a municipality may regulate the amount of impervious cover allowed on a lot and the limits on the floor to area ratio of the lot (in addition to existing powers), and adds a new provision that requires that the governing body of a municipality to only use one of the following in the case of residential construction: the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot.
The Original provides that the governing body of a municipality may regulate the bulk of buildings (as is currently the law), except a municipality may not regulate more than one of the following: the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot. The Committee Substitute provides that that the governing body of a municipality may only use one of the following in the case of residential construction: the percentage of a lot that may be occupied; the amount of impervious cover allowed on a lot; or the limits on the floor to area ratio of the lot.
SECTION 2. No substantial change from the Original to the Committee Substitute (all changes are conforming in nature).
SECTION 3. No change from the Original to the Committee Substitute.