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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a change in a municipal zoning |
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classification under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.0095 to read as follows: |
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Sec. 211.0095. CHANGE IN ZONING CLASSIFICATION UNDER |
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CERTAIN CIRCUMSTANCES. (a) A property owner may request a change |
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in the zoning classification of the owner's real property from an |
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existing commercial use zoning classification to one or more other |
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zoning classifications of lower use intensity if the owner |
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establishes that: |
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(1) the property has been under the same commercial |
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use zoning classification for at least five years; |
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(2) the owner has been unable to sell or obtain |
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approval for the development of the property under the existing |
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commercial use zoning classification for at least five years; and |
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(3) an alternate development plan that includes one or |
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more zoning classifications of lower use intensity has the |
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potential to generate annual ad valorem tax revenues for the |
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municipality in an amount equal to or greater than a development |
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plan submitted under the existing commercial use zoning |
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classification. |
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(b) A property owner who requests a change to an alternate |
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zoning classification under Subsection (a) must make the request to |
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the municipality's board of adjustment. If the board of adjustment |
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finds that the owner complies with the criteria established under |
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Subsection (a), the board shall grant the zoning change. If a |
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municipality does not have a board of adjustment, the governing |
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body of the municipality shall perform the functions of the board of |
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adjustment under this section. |
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(c) In establishing the criteria necessary to receive a |
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change in classification under Subsection (a), a property owner may |
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use a period before the effective date of this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |