| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to granting a change in the zoning classification of |
|
|
property based on an inability to market or develop the property |
|
|
under that classification. |
|
|
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 211.0095 to read as follows: |
|
|
Sec. 211.0095. CHANGE IN ZONING BASED ON INABILITY TO |
|
|
MARKET OR DEVELOP PROPERTY; BOARD OF ADJUSTMENT. |
|
|
(a) This Subchapter shall apply to a home-rule municipality |
|
|
with a population of more than 26,000 that is within a county with a |
|
|
population of more than 249,000 and that contains within its |
|
|
municipal limits a toll road constructed by a Regional Mobility |
|
|
Authority under Chapter 370, Transportation Code, |
|
|
(b) For the purpose of this Subchapter, "R&D-3" zoning shall |
|
|
mean and refer to a zoning classification that includes any of the |
|
|
following uses: (1) manufacturing facilities where software, |
|
|
electronics, communication, precision scientific or technical |
|
|
equipment, pharmaceuticals, or medical and biologic devices and |
|
|
products may be designed, fabricated, created, assembled or |
|
|
packaged; (2) Office buildings, administrative or corporate, with |
|
|
a minimum of one hundred thousand (100,000) sq. ft.; or (3) |
|
|
Research facilities and laboratories. |
|
|
(c) A landowner may seek a change in the zoning |
|
|
classification of property from R&D-3 zoning to another zoning |
|
|
classification of lower intensity if the landowner establishes |
|
|
that: (1) the property has been under the same zoning |
|
|
classification for five or more years; (2) the landowner has been |
|
|
unable to close a sale of, or obtain approval for the development of |
|
|
the property within that zoning classification for five or more |
|
|
years; and (3) the landowner proposes an alternate development |
|
|
plan including one or more zoning classifications or uses of lower |
|
|
intensity that will generate annual ad valorem tax revenues to the |
|
|
municipality of not less than a development plan under the R&D-3 |
|
|
zoning classification. |
|
|
(d) A landowner seeking a change under Subsection (c) must |
|
|
make the request to the board of adjustment. If the board finds |
|
|
that the landowner has met the requirements of Subsection (c), the |
|
|
board shall grant the change. If the municipality does not have a |
|
|
board of adjustment, the governing body performs the functions of |
|
|
the board of adjustment under this section. |
|
|
(e) In establishing the criteria necessary to receive a |
|
|
change in classification under Subsection (b), a landowner may use |
|
|
a period before the effective date of this section. |
|
|
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, 2007. |