Amend CSHB 2149 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subtitle Z, Title 10, Government Code, is amended by adding Chapter 3001 to read as follows:
CHAPTER 3001. RIGHT TO CONTINUE OR MODIFY NONCONFORMING LAND USE
Sec. 3001.001. DEFINITION. In this chapter, "nonconforming" means a structure or use of property that:
(1) exists on the date of the adoption of or change to a state or local law or regulation; and
(2) is considered to be out of compliance with the adopted or changed law or regulation after and because of the adoption or change.
Sec. 3001.002. RIGHT TO CONTINUE OR MODIFY NONCONFORMING STRUCTURE OR LAND USE. Except as provided by Subchapter A, Chapter 211, Local Government Code, this state or a political subdivision of this state may not prohibit or restrict:
(1) the repair of a nonconforming structure;
(2) a person from continuing a nonconforming use of a property after the repair of a nonconforming structure or construction of a new building or structure to replace a damaged nonconforming structure; or
(3) modification or expansion of a nonconforming use of a property if the modification or expansion is necessary to:
(A) continue the nonconforming use of the property; or
(B) protect the health and safety of the property or occupants.
SECTION ____. (a) Chapter 3001, Government Code, as added by this Act, applies to a property for which, on or after the effective date of this Act, this state or a political subdivision of this state considers a proposed adoption of or change to a zoning regulation or boundary or other law or regulation under which a current conforming use of the property is a nonconforming use.
(b) A property for which this state or a political subdivision of this state considers a proposed adoption of or change to a zoning regulation or boundary or other law or regulation under which a current conforming use of the property is a nonconforming use before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.