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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic delivery of notice for certain municipal |
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zoning changes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.006(a-1), Local Government Code, is |
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amended to read as follows: |
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(a-1) In addition to any notice required by this section or |
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Section 211.007, the governing body of a municipality or a zoning |
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commission, as applicable, shall provide written notice of each |
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public hearing regarding any 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 a property is a nonconforming use if the regulation or boundary |
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is adopted or changed. The notice must: |
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(1) be mailed by United States mail or delivered |
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electronically to each owner of real or business personal property |
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where the proposed nonconforming use is located as indicated by the |
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most recently approved municipal tax roll and each occupant of the |
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property not later than the 10th day before the hearing date; |
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(2) contain the time and place of the hearing; and |
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(3) include the following text in bold 14-point type |
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or larger: |
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"THE [MUNICIPALITY NAME] IS HOLDING A HEARING THAT WILL |
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DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR |
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PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY." |
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SECTION 2. Sections 211.007(c) and (c-1), Local Government |
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Code, are amended to read as follows: |
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(c) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification shall be sent to each |
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owner, as indicated by the most recently approved municipal tax |
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roll, of real property within 200 feet of the property on which the |
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change in classification is proposed. The notice may be served by |
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its deposit in the municipality, properly addressed with postage |
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paid, in the United States mail or by electronic delivery. If the |
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property within 200 feet of the property on which the change is |
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proposed is located in territory annexed to the municipality and is |
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not included on the most recently approved municipal tax roll, the |
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notice shall be given in the manner provided by Section 211.006(a). |
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(c-1) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification affecting residential or |
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multifamily zoning shall be sent to each school district in which |
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the property for which the change in classification is proposed is |
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located. The notice may be served by its deposit in the |
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municipality, properly addressed with postage paid, in the United |
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States mail or by electronic delivery. |
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SECTION 3. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.020 to read as follows: |
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Sec. 211.020. ELECTRONIC DELIVERY OF NOTICE. (a) A |
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municipality may deliver notice electronically under this chapter |
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only if the recipient elects to receive notice electronically under |
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Subsection (b). |
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(b) A municipality that intends to deliver notice |
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electronically under this chapter shall establish an online portal |
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on the municipality's Internet website through which a notice |
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recipient may: |
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(1) elect to receive notice electronically under this |
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chapter; and |
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(2) manage preferences for receiving notice |
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electronically under this chapter. |
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(c) A municipality may deliver notice electronically by |
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e-mail or text message. |
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(d) A municipality shall request that the recipient of a |
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notice delivered electronically under this chapter acknowledge |
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receipt of the notice. The municipality must deliver the notice as |
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otherwise provided by this chapter if the recipient does not |
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acknowledge receipt of the notice delivered electronically. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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