| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice requirements for certain municipal zoning |
|
|
actions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 211.006(a), 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: |
|
|
(1) in an official newspaper or a newspaper of general |
|
|
circulation in the municipality; or |
|
|
(2) on the municipality's official website. |
|
|
SECTION 2. Sections 211.021(a) and (d), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) The governing body of a municipality with a population |
|
|
of more than 290,000 that has adopted a comprehensive zoning |
|
|
ordinance under Subchapter A may, by ordinance, divide the |
|
|
municipality into neighborhood zoning areas 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: |
|
|
(1) in an official newspaper or a newspaper of general |
|
|
circulation in the municipality; or |
|
|
(2) on the municipality's official website. |
|
|
(d) On the filing of a zoning change application with the |
|
|
zoning commission, the zoning commission shall provide the |
|
|
appropriate neighborhood advisory zoning council with a copy of the |
|
|
application. The zoning council shall conduct a public hearing on |
|
|
the application and before the 10th day before the date of the |
|
|
hearing must publish notice of the time and place of the hearing: |
|
|
(1) in an official newspaper or a newspaper of general |
|
|
circulation in the municipality; or |
|
|
(2) on the municipality's official website [before the
|
|
|
10th day before the date of the hearing]. |
|
|
SECTION 3. 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, 2009. |