81R2919 NC-D

By: Smith of Tarrant H.B. No. 774

A BILL TO BE ENTITLED

AN ACT

relating to procedures for the adoption of a municipal zoning regulation or zoning district boundary.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 211.006(d), Local Government Code, is amended to read as follows:

(d) If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either:

(1) the area of the lots or land covered by the proposed change; or

(2) the area of the lots or land:

(A) within the incorporated territory of the municipality; and

(B) immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

SECTION 2. Section 211.007(c), Local Government Code, is amended to read as follows:

(c) Before the 10th day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory included on the most recently approved tax roll of an adjacent municipality, the written notice shall be sent to the governing body of the adjacent municipality. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Section 211.006(a).

SECTION 3. The changes in law made by this Act apply only to a proposal to change a municipal zoning regulation, boundary, or classification made on or after the effective date of this Act. A proposal to change a municipal zoning regulation, boundary, or classification made before the effective date of this Act is governed by the law in effect at the time the proposal was made, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2009.