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A BILL TO BE ENTITLED
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AN ACT
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relating to nonconforming land uses after the adoption of or change |
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to a zoning regulation or boundary. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 211.019, Local Government |
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Code, is amended to read as follows: |
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Sec. 211.019. REQUIREMENT TO STOP NONCONFORMING LAND USE; |
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REMEDY; AGREEMENT. |
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SECTION 2. Section 211.019, Local Government Code, is |
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amended by amending Subsections (b), (d), (e), (g), (h), (i), and |
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(l) and adding Subsections (b-1), (f-1), and (f-2) to read as |
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follows: |
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(b) A person using a property in a manner considered to be a |
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nonconforming use as a result of the adoption of or change to a |
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zoning regulation or boundary may continue to use the property in |
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the same manner unless required by a municipality to stop the |
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nonconforming use of the property pursuant to an agreement under |
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Subsection (b-1). |
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(b-1) A municipality that seeks to require a person to stop |
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a nonconforming use of a property under Subsection (b) must enter |
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into an agreement with the person before the municipality may |
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require the person to stop the nonconforming use. A person may |
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continue the nonconforming use of the property until the person and |
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municipality enter into the agreement. An agreement under this |
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subsection must stipulate: |
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(1) the amount of the payment from the municipality to |
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the person as prescribed by Subsection (d)(1); or |
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(2) the period during which the person may continue |
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the nonconforming use of the property as prescribed by Subsection |
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(d)(2). |
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(d) If a municipality requires a property owner or lessee to |
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stop the nonconforming use of a property as described by Subsection |
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(b), the owner or lessee of the property is entitled to: |
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(1) payment from the municipality in an amount equal |
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to the sum of: |
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(A) the costs incurred by the owner or lessee of |
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the property that are directly attributable to ceasing the |
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nonconforming use of the property, including expenses related to |
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demolition, relocation, termination of a lease, or discharge of a |
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mortgage; and |
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(B) an amount equal to the greater of, as |
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determined by the municipality, the diminution in the market value |
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of the property, computed by subtracting the current market value |
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of the property after the imposition of a requirement to stop the |
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nonconforming use of the property from: |
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(i) the market value of the property on the |
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day before the date the notice was given under Section |
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211.006(a-1); or |
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(ii) the market value of the property on the |
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day before a person submits an application or request to the |
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municipality to require or the municipality otherwise requires a |
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person to stop using the property in a manner that is a |
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nonconforming use as described by Subsection (b); or |
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(2) continued nonconforming use of the property for a |
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period, as determined by the owner or lessee, sufficient for |
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[until] the owner or lessee to recover [recovers] the amount |
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determined under Subdivision (1) through the owner or lessee's |
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continued business activities according to generally accepted |
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accounting principles. |
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(e) Not later than the 10th day after the date a |
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municipality imposes a requirement to stop a nonconforming use of a |
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property under this section, the municipality shall give written |
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notice to each owner or lessee of the property, as indicated by the |
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most recently approved municipal tax roll, who is required to stop a |
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nonconforming use of the property: |
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(1) that the municipality seeks to stop the |
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nonconforming use of the property; |
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(2) of the [requirement and of the] remedies to which |
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an owner or lessee of the property is entitled [to] under Subsection |
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(d); and |
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(3) that the municipality is required to enter into an |
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agreement with the owner or lessee of the property for the purpose |
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of deciding which remedy under Subsection (d) the owner or lessee |
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will choose. |
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(f-1) In the event of a conflict in the choice of remedy as |
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described by Subsection (f), an agreement under Subsection (b-1) |
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must incorporate the choice of remedy that controls under |
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Subsection (f). |
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(f-2) In a timely manner after responding to the notice |
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given under Subsection (e), the owner or lessee and the |
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municipality shall enter into an agreement to stop the |
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nonconforming use of the property as provided by this section. |
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(g) A person receiving a payment under Subsection (d)(1) |
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pursuant to an agreement entered into under Subsection (b-1) must |
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stop the nonconforming use not later than the 10th day after the |
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date of the payment. |
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(h) A person who continues the nonconforming use under |
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Subsection (d)(2) pursuant to an agreement entered into under |
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Subsection (b-1) must stop the nonconforming use immediately on the |
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recovery of the amount determined under Subsection (d)(1). |
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(i) If more than one person seeks a payment from the |
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municipality under Subsection (d)(1), the municipality shall: |
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(1) apportion the payment between each person based on |
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the market value of the person's interest in the property; and |
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(2) explicitly state the apportionment in the |
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agreement entered into with the person under Subsection (b-1). [A |
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person may appeal the apportionment in the manner provided by this |
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section.] |
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(l) A person seeking to continue a nonconforming use under |
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Subsection (d)(2) who brings an action for declaratory relief under |
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Section 211.0202 [appeals the decision of the municipality or board |
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of adjustment] may continue to use the property in the same manner |
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while the action is pending [the appeal] unless an official of the |
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body that made the decision shows cause to stay the nonconforming |
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use by certifying in writing to the [board of adjustment or] court |
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[with jurisdiction over the appeal] facts supporting the official's |
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opinion that continued nonconforming use of the property would |
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cause imminent peril to life or property. On a showing of cause the |
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[board of adjustment or] court [with jurisdiction over the appeal] |
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may, after notice to the official, grant a restraining order to stay |
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continued nonconforming use of the property. |
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SECTION 3. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Sections 211.020, 211.0201, and 211.0202 |
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to read as follows: |
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Sec. 211.020. RIGHT TO RESUME NONCONFORMING LAND USE. (a) |
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This section does not apply to a person who: |
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(1) changes or stops a nonconforming use of a property |
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pursuant to a requirement imposed by a municipality under Section |
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211.019; and |
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(2) receives a payment or continues the nonconforming |
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use for a period of time pursuant to an agreement under Section |
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211.019(b-1). |
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(b) A person using a property in a manner considered to be a |
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nonconforming use as a result of the adoption of or change to a |
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zoning regulation or boundary who changes the use of the property to |
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a conforming use or otherwise stops the nonconforming use of the |
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property may resume the nonconforming use of the property if the |
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person resumes the nonconforming use of the property before the |
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fifth anniversary of the date the person changed or stopped the |
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nonconforming use. |
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Sec. 211.0201. RIGHT TO CONTINUE OR MODIFY NONCONFORMING |
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LAND USE. A municipality may not prohibit or restrict: |
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(1) the repair of a nonconforming structure; |
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(2) a person from continuing a nonconforming use of a |
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property in accordance with this subchapter after the repair of a |
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nonconforming structure or construction of a new building or |
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structure to replace a damaged nonconforming structure; or |
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(3) modification or expansion of a nonconforming use |
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of a property if the modification or expansion is necessary to: |
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(A) continue the nonconforming use of the |
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property; or |
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(B) protect the health and safety of the property |
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or occupants. |
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Sec. 211.0202. NONCONFORMING LAND USE; DECLARATORY |
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JUDGMENT ACTION. (a) A person may bring an action against a |
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municipality for declaratory relief under Chapter 37, Civil |
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Practice and Remedies Code, for a claimed violation of Section |
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211.019, 211.020, or 211.0201. |
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(b) A municipality's immunity from suit and governmental |
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immunity from liability are waived for purposes of an action |
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brought by a property owner or lessee under this section. |
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SECTION 4. Sections 211.019(j), (k), (m), (o), and (p), |
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Local Government Code, are repealed. |
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SECTION 5. (a) Section 211.019, Local Government Code, as |
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amended by this Act, and Sections 211.020, 211.0201, and 211.0202, |
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Local Government Code, as added by this Act, apply to a property for |
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which, on or after the effective date of this Act, a municipality: |
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(1) considers a proposed adoption of or change to a |
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zoning regulation or boundary under which a current conforming use |
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of the property is a nonconforming use; or |
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(2) receives a request to require a person to stop a |
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nonconforming use of the property. |
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(b) A property for which a municipality considers a proposed |
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adoption of or change to a zoning regulation or boundary under which |
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a current conforming use of the property is a nonconforming use or |
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receives a request to require a person to stop a nonconforming use |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |