| 1 | 1 | | 81R430 PAM-F |
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| 2 | 2 | | By: Howard of Fort Bend H.B. No. 3397 |
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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 authorizing a change in a municipal zoning |
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| 8 | 8 | | classification under certain circumstances. |
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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. Subchapter A, Chapter 211, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 211.0095 to read as follows: |
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| 12 | 12 | | Sec. 211.0095. CHANGE IN ZONING CLASSIFICATION UNDER |
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| 13 | 13 | | CERTAIN CIRCUMSTANCES. (a) A property owner may request a change |
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| 14 | 14 | | in the zoning classification of the owner's real property from an |
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| 15 | 15 | | existing commercial use zoning classification to one or more other |
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| 16 | 16 | | zoning classifications of lower use intensity if the owner |
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| 17 | 17 | | establishes that: |
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| 18 | 18 | | (1) the property has been under the same commercial |
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| 19 | 19 | | use zoning classification for at least five years; |
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| 20 | 20 | | (2) the owner has been unable to sell or obtain |
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| 21 | 21 | | approval for the development of the property under the existing |
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| 22 | 22 | | commercial use zoning classification for at least five years; and |
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| 23 | 23 | | (3) an alternate development plan that includes one or |
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| 24 | 24 | | more zoning classifications of lower use intensity has the |
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| 25 | 25 | | potential to generate annual ad valorem tax revenues for the |
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| 26 | 26 | | municipality in an amount equal to or greater than a development |
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| 27 | 27 | | plan submitted under the existing commercial use zoning |
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| 28 | 28 | | classification. |
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| 29 | 29 | | (b) A property owner who requests a change to an alternate |
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| 30 | 30 | | zoning classification under Subsection (a) must make the request to |
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| 31 | 31 | | the municipality's board of adjustment. If the board of adjustment |
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| 32 | 32 | | finds that the owner complies with the criteria established under |
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| 33 | 33 | | Subsection (a), the board shall grant the zoning change. If a |
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| 34 | 34 | | municipality does not have a board of adjustment, the governing |
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| 35 | 35 | | body of the municipality shall perform the functions of the board of |
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| 36 | 36 | | adjustment under this section. |
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| 37 | 37 | | (c) In establishing the criteria necessary to receive a |
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| 38 | 38 | | change in classification under Subsection (a), a property owner may |
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| 39 | 39 | | use a period before the effective date of this section. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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