| 1 | 1 | | 81R9675 NC-D |
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| 2 | 2 | | By: Farias H.B. No. 2357 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal comprehensive plans affecting defense |
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| 8 | 8 | | adjustment management authorities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 375.312, Local Government Code, is |
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| 11 | 11 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) The authority has the power to approve or deny a |
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| 13 | 13 | | proposal to amend a municipal comprehensive plan adopted under |
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| 14 | 14 | | Chapter 213 that affects the area of the authority. The proposal |
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| 15 | 15 | | must be presented to and reviewed by the board before the proposal |
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| 16 | 16 | | is presented to the planning commission or governing body of the |
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| 17 | 17 | | municipality. The planning commission or governing body of the |
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| 18 | 18 | | municipality may not adopt the proposal unless the board approves |
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| 19 | 19 | | the proposal. The board's decision to deny a proposal is final and |
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| 20 | 20 | | may not be appealed. |
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| 21 | 21 | | (d) On annexation of an area of the authority for full |
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| 22 | 22 | | purposes by a municipality, the authority's power under Subsection |
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| 23 | 23 | | (c) expires. The authority regains the power in an area if the |
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| 24 | 24 | | municipality disannexes the area. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act to Section |
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| 26 | 26 | | 375.312, Local Government Code, applies only to the adoption of a |
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| 27 | 27 | | provision or an amendment to a municipal comprehensive plan on or |
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| 28 | 28 | | after the effective date of this Act. The adoption of a provision |
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| 29 | 29 | | or amendment before the effective date of this Act is governed by |
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| 30 | 30 | | the law in effect when the provision or amendment was adopted, and |
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| 31 | 31 | | the former law is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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