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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the adoption of a municipal zoning |
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regulation or zoning district boundary. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.006(d), Local Government Code, is |
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amended to read as follows: |
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(d) If a proposed change to a regulation or boundary is |
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protested in accordance with this subsection, the proposed change |
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must receive, in order to take effect, the affirmative vote of at |
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least three-fourths of all members of the governing body. The |
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protest must be written and signed by the owners of at least 20 |
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percent of either: |
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(1) the area of the lots or land covered by the |
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proposed change; or |
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(2) the area of the lots or land: |
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(A) within the incorporated territory of the |
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municipality; and |
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(B) immediately adjoining the area covered by the |
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proposed change and extending 200 feet from that area. |
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SECTION 2. Section 211.007(c), Local Government Code, is |
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amended to read as follows: |
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(c) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification shall be sent to each |
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owner, as indicated by the most recently approved municipal tax |
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roll, of real property within 200 feet of the property on which the |
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change in classification is proposed. The notice may be served by |
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its deposit in the municipality, properly addressed with postage |
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paid, in the United States mail. If the property within 200 feet of |
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the property on which the change is proposed is located in territory |
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included on the most recently approved tax roll of an adjacent |
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municipality, the written notice shall be sent to the governing |
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body of the adjacent municipality. If the property within 200 feet |
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of the property on which the change is proposed is located in |
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territory annexed to the municipality and is not included on the |
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most recently approved municipal tax roll, the notice shall be |
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given in the manner provided by Section 211.006(a). |
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SECTION 3. The changes in law made by this Act apply only to |
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a proposal to change a municipal zoning regulation, boundary, or |
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classification made on or after the effective date of this Act. A |
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proposal to change a municipal zoning regulation, boundary, or |
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classification made before the effective date of this Act is |
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governed by the law in effect at the time the proposal was made, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |