By: Gattis 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

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 or a current or future land use plan.

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

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

Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF COMPREHENSIVE PLAN. (a) The governing body of a municipality shall adopt by resolution or ordinance a comprehensive plan 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 from time to time in accordance with this subchapter.

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

Sec. 211.103. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT, AND REVIEW OF COMPREHENSIVE PLAN. (a) The governing body of a municipality shall appoint an advisory committee to make recommendations regarding the adoption, amendment, and review of its comprehensive plan.

(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, the advisory committee may receive information from the municipality, any interested landowner, or the general public.

Sec. 211.104. 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.

(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. 211.105. GOVERNING BODY ACTION ON ADVISORY COMMITTEE REPORT; PUBLIC HEARING. (a) The governing body of the municipality may not adopt or amend the comprehensive plan 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 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.

Sec. 211.106. PETITION TO SPECIAL COMMISSIONERS BY AFFECTED LANDOWNER. (a) A landowner may petition the commissioners court to appoint three disinterested persons, who reside in the 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. 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 of the 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. 211.107. AMENDMENT OF COMPREHENSIVE PLAN 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 is unreasonable, a majority of the special commissioners may determine a reasonable land use for the tract and order that the comprehensive plan be amended to reflect that use.

Sec. 211.108. PETITION FOR ENFORCEMENT OF SPECIAL COMMISSIONERS' ORDER. (a) If the governing body of the municipality refuses to amend the comprehensive plan 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 injunction or mandamus.

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

SECTION 3. A landowner affected by a land use under a municipality's comprehensive plan may petition a commissioners court 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 comprehensive plan was adopted before or after that date.

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