| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice of changes to municipal zoning regulations and |
|
|
boundaries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 211.006(a) and (d), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) The governing body of a municipality wishing to exercise |
|
|
the authority relating to zoning regulations and zoning district |
|
|
boundaries shall establish procedures for adopting and enforcing |
|
|
the regulations and boundaries. A regulation or boundary is not |
|
|
effective until after a public hearing on the matter at which |
|
|
parties in interest and citizens have an opportunity to be heard. |
|
|
Before the 30th [15th] day before the date of the hearing, notice of |
|
|
the time and place of the hearing must be published in: |
|
|
(1) an official newspaper; |
|
|
(2) a newspaper designated for publication of notices |
|
|
by the governing body of the municipality; or |
|
|
(3) a newspaper that has a mailed or delivered |
|
|
circulation of at least 51 percent of the residences in the |
|
|
municipality [or a newspaper of general circulation in the |
|
|
municipality]. |
|
|
(d) If a proposed change to a regulation or boundary is |
|
|
protested in accordance with this subsection, the proposed change |
|
|
must receive, in order to take effect, the affirmative vote of at |
|
|
least three-fourths of all members of the governing body. The |
|
|
protest must be written and signed by the owners of at least 20 |
|
|
percent of either: |
|
|
(1) the area of the lots or land covered by the |
|
|
proposed change; or |
|
|
(2) the area of the lots or land immediately adjoining |
|
|
the area covered by the proposed change and extending 1,500 [200] |
|
|
feet from that area. |
|
|
SECTION 2. Section 211.007, Local Government Code, is |
|
|
amended by amending Subsections (c) and (c-1) to read as follows: |
|
|
(c) Before the 30th [10th] day before the hearing date, |
|
|
written notice of each public hearing before the zoning commission |
|
|
on a proposed change in a zoning classification shall be sent to |
|
|
each owner [, as indicated by the most recently approved municipal |
|
|
tax roll,] of real property located inside or outside the |
|
|
boundaries of the municipality that is within 1,500 [200] feet of |
|
|
the property on which the change in classification is proposed. The |
|
|
notice may be served by its deposit in the municipality, properly |
|
|
addressed with postage paid, in the United States mail. If the |
|
|
property within 1,500 [200] feet of the property on which the change |
|
|
is proposed is located in territory annexed to the municipality and |
|
|
is not included on the most recently approved municipal tax roll, |
|
|
the notice shall be given in the manner provided by Section |
|
|
211.006(a). |
|
|
(c-1) Before the 30th [10th] day before the hearing date, |
|
|
written notice of each public hearing before the zoning commission |
|
|
on a proposed change in a zoning classification affecting |
|
|
residential or multifamily zoning shall be sent: |
|
|
(1) by its deposit in the municipality, properly |
|
|
addressed with postage paid, in the United States mail to: |
|
|
(A) each school district in which the property |
|
|
for which the change in classification is proposed is located; and |
|
|
(B) each open-enrollment charter school and |
|
|
general hospital, as defined by Section 241.003, Health and Safety |
|
|
Code, within 1,500 feet of the property on which the change is |
|
|
proposed; and |
|
|
(2) to the fire department and police department of |
|
|
the municipality [. The notice may be served by its deposit in the |
|
|
municipality, properly addressed with postage paid, in the United |
|
|
States mail]. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to notice of a proposal to change a municipal zoning regulation or |
|
|
zoning district boundary given on or after the effective date of |
|
|
this Act. A proposal to change a municipal zoning regulation or |
|
|
zoning district boundary for which notice is given before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the notice was given, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |