81R24467 JTS-D

By: Gattis H.B. No. 4144

Substitute the following for H.B. No. 4144:

By: Homer C.S.H.B. No. 4144

A BILL TO BE ENTITLED

AN ACT

relating to a municipality's comprehensive development.

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

SECTION 1. Section 211.004, Local Government Code, is amended to read as follows:

Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. [(a)] Zoning regulations must be adopted in accordance with a comprehensive plan developed under Subchapter C and must be designed to:

(1) lessen congestion in the streets;

(2) secure safety from fire, panic, and other dangers;

(3) promote health and the general welfare;

(4) provide adequate light and air;

(5) prevent the overcrowding of land;

(6) avoid undue concentration of population; or

(7) facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.

SECTION 2. Chapter 211, Local Government Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. COMPREHENSIVE PLAN FOR LAND USE

Sec. 211.101. DEFINITIONS. In this subchapter:

(1) "Land use" means one or more uses of land designated for a tract or an area under a comprehensive plan for land use or a current or future land use plan or map.

(2) "Landowner" means the current owner of record, but also includes a predecessor in interest.

(3) "Tract" means all or a majority of the metes and bounds of a tract.

Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF COMPREHENSIVE PLAN FOR LAND USE. (a) The governing body of a municipality shall adopt by resolution or ordinance a comprehensive plan for land use that details current and future land uses and serves as a basis for making planning or zoning decisions under this chapter.

(b) The governing body may amend the comprehensive plan for land use from time to time in accordance with this subchapter.

(c) The governing body of a municipality shall review its comprehensive plan for land use not less than every three years.

Sec. 211.103. INCORPORATION OF LAND USE ASSUMPTIONS. Land use assumptions adopted in a manner that complies with Subchapter C, Chapter 395, may be incorporated in a comprehensive plan for land use.

Sec. 211.104. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map of a comprehensive plan illustrating future land use must contain the following clearly visible statement: "A comprehensive plan does not constitute zoning regulations or establish zoning district boundaries."

Sec. 211.105. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT, AND REVIEW OF COMPREHENSIVE PLAN FOR LAND USE. (a) The governing body of a municipality shall appoint an advisory committee to make recommendations regarding the adoption, amendment, or review of its comprehensive plan for land use.

(b) The advisory committee is composed of at least five members appointed by a majority vote of the governing body. At least 40 percent of the membership of the advisory committee must be representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity.

(c) The meetings of the advisory committee shall be open to the public and conducted in accordance with Chapter 551, Government Code.

(d) The municipality shall make available to the advisory committee professional reports concerning municipal planning and land uses.

(e) In making recommendations regarding or while reviewing a comprehensive plan for land use, the advisory committee may receive information from the municipality, any interested landowner, or the general public.

Sec. 211.106. ADVISORY COMMITTEE REPORT. (a) The advisory committee shall issue a written report to the governing body of the municipality detailing its findings and recommendations as to the adoption, amendment, or review of the comprehensive plan for land use.

(b) The advisory committee's written report shall be made available to the municipality, each interested landowner, and the general public as soon as practicable after its receipt by the governing body.

Sec. 211.107. GOVERNING BODY ACTION ON ADVISORY COMMITTEE REPORT; PUBLIC HEARING. (a) The governing body of the municipality may not adopt or amend the comprehensive plan for land use until the governing body conducts at least one public hearing on the recommendations made by the advisory committee.

(b) The governing body of the municipality may not amend or adopt the comprehensive plan for land use before the 30th day after the date the governing body receives the advisory committee's report, unless each of the landowners affected by the plan or amendment consents to the plan or amendment.

(c) At the public hearing, a landowner may object to any land use applied to the landowner's tract by the comprehensive plan for land use.

Sec. 211.108. PETITION TO SPECIAL COMMISSIONERS BY AFFECTED LANDOWNER. (a) A landowner may petition the commissioners court of the county to appoint three disinterested persons who reside in the municipality and county as special commissioners to assess the reasonableness of a land use applied to the landowner's tract under the comprehensive plan if:

(1) the landowner objects in writing to the land use; and

(2) the landowner has been unable to sell or develop the tract in conformity with the land use for a period of three years.

(b) The special commissioners shall swear to assess fairly and impartially the reasonableness of the land use applied to the tract by the comprehensive plan for land use. The special commissioners shall conduct their proceedings and shall have the same powers as special commissioners under Subchapter B, Chapter 21, Property Code.

(c) A special commissioner:

(1) must be a resident of the municipality and county in which the tract is located;

(2) must be impartial and have no conflict of interest in the matter that is the subject of the petition;

(3) may not be connected, employed, or affiliated with real estate development, real estate sales, or the construction industry or reside in a household with a person who is connected, employed, or affiliated with real estate development, real estate sales, or the construction industry; and

(4) may not be a municipal official or employee or serve on a municipal board, or reside in a household with a person who is a municipal official or employee or serves on a municipal board.

(d) The commissioners court may appoint a replacement for any special commissioner who fails or refuses to serve.

Sec. 211.109. AMENDMENT OF COMPREHENSIVE PLAN FOR LAND USE IN RESPONSE TO SPECIAL COMMISSIONERS' RECOMMENDATION. If a majority of the special commissioners determines that a land use applied to a landowner's tract by the comprehensive plan for land use is unreasonable, a majority of the special commissioners may determine a reasonable land use for the tract and order that the comprehensive plan for land use be amended to reflect that use.

Sec. 211.110. PETITION FOR ENFORCEMENT OF SPECIAL COMMISSIONERS' ORDER. (a) If the governing body of the municipality refuses to amend the comprehensive plan for land use in accordance with a special commissioners' order, the landowner may file suit in the district court in the county where the tract is located to enforce the special commissioners' order.

(b) The special commissioners' order may be enforced by mandamus or declaratory or injunctive relief.

(c) A prevailing landowner may recover reasonable attorney's fees, expert witness fees, and costs of court.

SECTION 3. Section 213.002, Local Government Code, is amended to read as follows:

Sec. 213.002. COMPREHENSIVE PLAN. (a) The governing body of a municipality may adopt a comprehensive plan for the long-range development of the municipality. A municipality may define the content and design of a comprehensive plan.

(b) A comprehensive plan under this chapter may:

(1) include [but is not limited to] provisions on [land use,] transportation[,] and public facilities;

(2) consist of a single plan or a coordinated set of plans organized by subject and geographic area; and

(3) incorporate the comprehensive plan for land use required by Subchapter C, Chapter 211 [be used to coordinate and guide the establishment of development regulations].

[(c) A municipality may define, in its charter or by ordinance, the relationship between a comprehensive plan and development regulations and may provide standards for determining the consistency required between a plan and development regulations.

[(d) Land use assumptions adopted in a manner that complies with Subchapter C, Chapter 395, may be incorporated in a comprehensive plan.]

SECTION 4. Section 213.005, Local Government Code, is repealed.

SECTION 5. A landowner affected by a land use under a municipality's comprehensive plan for land use may petition a commissioners court of a county to appoint special commissioners under Section 211.106, Local Government Code, as added by this Act, on or after September 1, 2009, regardless of whether the land use provisions are incorporated in a comprehensive plan that was adopted before or after that date and regardless of whether the land use provisions are incorporated in a comprehensive plan that was adopted under Chapter 213, Local Government Code, as it existed before the effective date of this Act, or under Subchapter C, Chapter 211, Local Government Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2009.