By: Gattis H.B. No. 4144
A BILL TO BE ENTITLED
AN ACT
relating to a municipality's comprehensive development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.004, Local Government Code, is
amended to read as follows:
Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. [(a)]
Zoning regulations must be adopted in accordance with a
comprehensive plan developed under Subchapter C and must be
designed to:
(1) lessen congestion in the streets;
(2) secure safety from fire, panic, and other dangers;
(3) promote health and the general welfare;
(4) provide adequate light and air;
(5) prevent the overcrowding of land;
(6) avoid undue concentration of population; or
(7) facilitate the adequate provision of
transportation, water, sewers, schools, parks, and other public
requirements.
SECTION 2. Chapter 211, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. COMPREHENSIVE PLAN
Sec. 211.101. DEFINITIONS. In this subchapter:
(1) "Land use" means one or more uses of land
designated for a tract or an area under a comprehensive plan or a
current or future land use plan.
(2) "Landowner" means the current owner of record, but
also includes a predecessor in interest.
(3) "Tract" means all or a majority part of the metes
and bounds of the tract.
Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF
COMPREHENSIVE PLAN. (a) The governing body of a municipality shall
adopt by resolution or ordinance a comprehensive plan that details
current and future land uses and serves as a basis for making
planning or zoning decisions under this chapter.
(b) The governing body may amend the comprehensive plan from
time to time in accordance with this subchapter.
(c) The governing body of a municipality shall review its
comprehensive plan not less than every three years.
Sec. 211.103. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT,
AND REVIEW OF COMPREHENSIVE PLAN. (a) The governing body of a
municipality shall appoint an advisory committee to make
recommendations regarding the adoption, amendment, and review of
its comprehensive plan.
(b) The advisory committee is composed of at least five
members appointed by a majority vote of the governing body. At
least 40 percent of the membership of the advisory committee must be
representatives of the real estate, development, or building
industries who are not employees or officials of a political
subdivision or governmental entity.
(c) The meetings of the advisory committee shall be open to
the public and conducted in accordance with Chapter 551, Government
Code.
(d) The municipality shall make available to the advisory
committee professional reports concerning municipal planning and
land uses.
(e) In making recommendations regarding or while reviewing
a comprehensive plan, the advisory committee may receive
information from the municipality, any interested landowner, or the
general public.
Sec. 211.104. ADVISORY COMMITTEE REPORT. (a) The advisory
committee shall issue a written report to the governing body of the
municipality detailing its findings and recommendations as to the
adoption, amendment, or review of the comprehensive plan.
(b) The advisory committee's written report shall be made
available to the municipality, each interested landowner, and the
general public as soon as practicable after its receipt by the
governing body.
Sec. 211.105. GOVERNING BODY ACTION ON ADVISORY COMMITTEE
REPORT; PUBLIC HEARING. (a) The governing body of the municipality
may not adopt or amend the comprehensive plan until the governing
body conducts at least one public hearing on the recommendations
made by the advisory committee.
(b) The governing body of the municipality may not amend or
adopt the comprehensive plan before the 30th day after the date the
governing body receives the advisory committee's report, unless
each of the landowners affected by the plan or amendment consents to
the plan or amendment.
(c) At the public hearing, a landowner may object to any
land use applied to the landowner's tract by the comprehensive
plan.
Sec. 211.106. PETITION TO SPECIAL COMMISSIONERS BY AFFECTED
LANDOWNER. (a) A landowner may petition the commissioners court to
appoint three disinterested persons, who reside in the county, as
special commissioners to assess the reasonableness of a land use
applied to the landowner's tract under the comprehensive plan if:
(1) the landowner objects in writing to the land use;
and
(2) the landowner has been unable to sell or develop
the tract in conformity with the land use for a period of three
years.
(b) The special commissioners shall swear to assess fairly
and impartially the reasonableness of the land use applied to the
tract by the comprehensive plan. The special commissioners shall
conduct their proceedings and shall have the same powers as special
commissioners under Subchapter B, Chapter 21, Property Code.
(c) A special commissioner:
(1) must be a resident of the municipality and of the
county in which the tract is located;
(2) must be impartial and have no conflict of interest
in the matter that is the subject of the petition;
(3) may not be connected, employed, or affiliated with
real estate development, real estate sales, or the construction
industry, or reside in a household with a person who is connected,
employed, or affiliated with real estate development, real estate
sales, or the construction industry; and
(4) may not be a municipal official or employee or
serve on a municipal board, or reside in a household with a person
who is a municipal official or employee or serves on a municipal
board.
(d) The commissioners court may appoint a replacement for
any special commissioner who fails or refuses to serve.
Sec. 211.107. AMENDMENT OF COMPREHENSIVE PLAN IN RESPONSE
TO SPECIAL COMMISSIONERS' RECOMMENDATION. If a majority of the
special commissioners determines that a land use applied to a
landowner's tract by the comprehensive plan is unreasonable, a
majority of the special commissioners may determine a reasonable
land use for the tract and order that the comprehensive plan be
amended to reflect that use.
Sec. 211.108. PETITION FOR ENFORCEMENT OF SPECIAL
COMMISSIONERS' ORDER. (a) If the governing body of the
municipality refuses to amend the comprehensive plan in accordance
with a special commissioners' order, the landowner may file suit in
the district court in the county where the tract is located to
enforce the special commissioners' order.
(b) The special commissioners' order may be enforced by
injunction or mandamus.
(c) A prevailing landowner may recover reasonable
attorney's fees and costs of court.
SECTION 3. A landowner affected by a land use under a
municipality's comprehensive plan may petition a commissioners
court to appoint special commissioners under Section 211.106, Local
Government Code, as added by this Act, on or after September 1,
2009, regardless of whether the comprehensive plan was adopted
before or after that date.
SECTION 4. This Act takes effect September 1, 2009.