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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for changes to a zoning regulation or |
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district boundary. |
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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 211.0011 to read as follows: |
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Sec. 211.0011. DEFINITION. In this subchapter, "proposed |
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comprehensive zoning change" means a municipal proposal to: |
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(1) change an existing zoning regulation that: |
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(A) will have the effect of allowing more |
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residential development than the previous regulation; and |
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(B) will apply uniformly to each parcel in one or |
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more zoning districts; |
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(2) adopt a new zoning code or zoning map that will |
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apply to the entire municipality; or |
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(3) adopt a zoning overlay district that: |
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(A) will have the effect of allowing more |
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residential development than allowed without the overlay; and |
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(B) will include an area along a major roadway, |
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highway, or transit corridor. |
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SECTION 2. Section 211.006(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a municipality wishing to exercise |
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the authority relating to zoning regulations and zoning district |
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boundaries shall establish procedures for adopting and enforcing |
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the regulations and boundaries. A regulation or boundary is not |
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effective until after a public hearing on the matter at which |
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parties in interest and citizens have an opportunity to be |
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heard. Before the 15th day before the date of the hearing, notice |
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of the time and place of the hearing must be: |
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(1) published in an official newspaper or a newspaper |
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of general circulation in the municipality; and |
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(2) if the municipality maintains an Internet website, |
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published on the municipality's Internet website. |
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SECTION 3. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.0061 to read as follows: |
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Sec. 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED |
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CHANGES. (a) This section applies only to a proposed change to a |
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zoning regulation or district boundary that is not a proposed |
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comprehensive zoning change. |
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(b) A protest of a proposed change to a zoning regulation or |
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district boundary must be written and signed by the owners of: |
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(1) at least 20 percent of the area of the lots or land |
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covered by the proposed change; or |
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(2) at least 60 percent of the area of the lots or land |
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immediately adjoining the area covered by the proposed change and |
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extending 200 feet from that area. |
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(d) If a proposed change to a regulation or district |
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boundary is protested in accordance with Subsection (b), the |
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proposed change must receive, in order to take effect, the |
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affirmative vote of at least: |
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(1) three-fourths of all members of the governing body |
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for a protest described by Subsection (b)(1); or |
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(2) a majority of all members of the governing body for |
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a protest described by Subsection (b)(2). |
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SECTION 4. Section 211.006(e), Local Government Code, is |
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transferred to Section 211.0061, Local Government Code, as added by |
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this Act, redesignated as Section 211.0061(c), Local Government |
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Code, and amended to read as follows: |
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(c) [(e)] In computing the percentage of land area under |
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Subsection (b): |
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(1) [(d),] the area of streets and alleys shall be |
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included; and |
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(2) the land area is not calculated individually for |
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each tract of land subject to a proposed change in a zoning |
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regulation or district boundary but in the aggregate for all tracts |
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of land subject to the change. |
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SECTION 5. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Sections 211.0063 and 211.0065 to read as |
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follows: |
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Sec. 211.0063. NOTICE FOR PROPOSED COMPREHENSIVE ZONING |
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CHANGES. The notice described by Section 211.006(a) or 211.007(d), |
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as applicable, and Section 211.006(a-1) is the only notice required |
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for a proposed comprehensive zoning change. |
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Sec. 211.0065. PRESUMPTION OF VALIDITY FOR CERTAIN CHANGES |
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TO ZONING REGULATIONS OR DISTRICT BOUNDARIES. A change to a zoning |
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regulation or district boundary that has the effect of allowing |
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more residential development than the previous regulation is |
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conclusively presumed valid and to have occurred in accordance with |
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all applicable statutes and ordinances if an action to annul or |
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invalidate the change has not been filed before the 60th day after |
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the effective date of the change. |
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SECTION 6. Section 211.006(d), Local Government Code, is |
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repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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a proposal to change a municipal zoning regulation or district |
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boundary made on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |