81R430 PAM-F
By: Howard of Fort Bend H.B. No. 3397
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a change in a municipal zoning
classification under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.0095 to read as follows:
Sec. 211.0095. CHANGE IN ZONING CLASSIFICATION UNDER
CERTAIN CIRCUMSTANCES. (a) A property owner may request a change
in the zoning classification of the owner's real property from an
existing commercial use zoning classification to one or more other
zoning classifications of lower use intensity if the owner
establishes that:
(1) the property has been under the same commercial
use zoning classification for at least five years;
(2) the owner has been unable to sell or obtain
approval for the development of the property under the existing
commercial use zoning classification for at least five years; and
(3) an alternate development plan that includes one or
more zoning classifications of lower use intensity has the
potential to generate annual ad valorem tax revenues for the
municipality in an amount equal to or greater than a development
plan submitted under the existing commercial use zoning
classification.
(b) A property owner who requests a change to an alternate
zoning classification under Subsection (a) must make the request to
the municipality's board of adjustment. If the board of adjustment
finds that the owner complies with the criteria established under
Subsection (a), the board shall grant the zoning change. If a
municipality does not have a board of adjustment, the governing
body of the municipality shall perform the functions of the board of
adjustment under this section.
(c) In establishing the criteria necessary to receive a
change in classification under Subsection (a), a property owner may
use a period before the effective date of this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.