BILL ANALYSIS
Senate Research Center |
S.B. 1304 |
86R1741 TJB-D |
By: Bettencourt; Flores |
|
Intergovernmental Relations |
|
3/21/2019 |
|
As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Concerned parties observe that property owners are affected by zoning regulations of a municipality when a property owner's land is within a municipality's extraterritorial jurisdiction (ETJ). Intentionally or not, municipalities do not communicate with an owner of a property in their ETJ when the municipality is considering changing zoning regulations. The result is a municipality not informing all property owners impacted by a municipality zoning regulation.
S.B. 1304 addresses these concerns by requiring a home-rule municipality zoning commission to notify, not later than the 10th day before the date of the zoning commission hearing, each real property owners in the municipality's ETJ or within two miles of their ETJ of any of the city's proposed change in zoning that would affect any part of the real property owners' land.
As proposed, S.B. 1304 amends current law relating to notice of proposed changes to municipal zoning classifications.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 211.007, Local Government Code, by adding Subsection (c-3), as follows:
(c-3) Requires a zoning commission to give written notice of a public hearing before the commission on a proposed change in zoning classification to each owner of real property that is wholly or partly located in an unincorporated area of a county if the nearest property line of the property is located not more than two miles from the nearest boundary of the area for which the zoning classification change is proposed. Requires the commission to provide the notice:
(1) not later than the 10th day before the date of the hearing; and
(2) by United States mail, addressed to each owner of the property, as indicated on the most recently approved county tax roll.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2019.