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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition by a municipality of a moratorium on |
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property development in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 212.134(b), (c), and (f), Local |
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Government Code, are amended to read as follows: |
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(b) A public hearing must provide municipal residents and |
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affected parties an opportunity to be heard. The municipality |
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shall, not later than the 30th day before the date of a hearing: |
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(1) [must] publish notice of the time and place of the |
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[a] hearing in a newspaper of general circulation in the |
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municipality; and |
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(2) send notice of the hearing by certified mail to any |
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person who has given written notice by certified or registered mail |
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to the municipal secretary requesting notice of the hearing within |
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two years preceding the date of adoption of the ordinance or |
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resolution setting the public hearing [on the fourth day before the |
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date of the hearing]. |
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(c) The governing body of a municipality shall hold two |
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public hearings on a moratorium on property development proposed to |
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be adopted under this subchapter. The governing body may not hold |
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the second public hearing before the 30th day after the date of the |
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first public hearing [Beginning on the fifth business day after the |
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date a notice is published under Subsection (b), a temporary |
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moratorium takes effect. During the period of the temporary |
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moratorium, a municipality may stop accepting permits, |
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authorizations, and approvals necessary for the subdivision of, |
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site planning of, or construction on real property]. |
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(f) Not later than the 12th day [Within 12 days] after the |
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date of the second [first] public hearing, the governing body of the |
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municipality shall begin [make] a final determination on the |
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imposition of a moratorium by giving the ordinance imposing the |
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moratorium at least two readings that are not less than 28 days |
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apart. The ordinance must receive the affirmative vote of at least |
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two-thirds of all members of the governing body on final reading in |
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order to take effect. [Before an ordinance adopting a moratorium |
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may be imposed, the ordinance must be given at least two readings by |
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the governing body of the municipality. The readings must be |
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separated by at least four days.] If the governing body |
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[municipality] fails to adopt an ordinance imposing a moratorium |
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within the period prescribed by this subsection, the municipality |
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may not adopt the [an] ordinance [imposing a moratorium may not be |
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adopted, and the temporary moratorium imposed under Subsection (c) |
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expires]. |
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SECTION 2. Section 212.1362, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.1362. EXPIRATION OF MORATORIUM [ON COMMERCIAL |
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PROPERTY IN CERTAIN CIRCUMSTANCES]; EXTENSION. (a) A moratorium |
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[on commercial property] adopted under this subchapter [Section |
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212.1352] expires on the 90th day after the date the moratorium is |
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adopted unless the governing body of the municipality extends the |
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moratorium by: |
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(1) holding a public hearing on the proposed extension |
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of the moratorium; and |
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(2) adopting written findings that: |
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(A) identify the problem requiring the need for |
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extending the moratorium; |
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(B) describe the reasonable progress made to |
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alleviate the problem; |
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(C) specify a definite duration for the renewal |
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period of the moratorium; and |
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(D) include a summary of evidence demonstrating |
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that the problem will be resolved within the extended duration of |
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the moratorium. |
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(b) A municipality may not adopt a moratorium [on commercial |
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property] under this subchapter: |
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(1) [Section 212.1352] that exceeds an aggregate of |
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180 days; or |
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(2) [. A municipality may not adopt a moratorium on |
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commercial property under Section 212.1352] before the second |
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anniversary of the expiration date of a previous moratorium if the |
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subsequent moratorium addresses the same harm, affects the same |
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type of [commercial] property, or affects the same geographical |
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area identified by the previous moratorium. |
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SECTION 3. The following provisions of the Local Government |
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Code are repealed: |
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(1) Sections 212.134(d) and (e); and |
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(2) Section 212.136. |
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SECTION 4. This Act takes effect September 1, 2025. |