Texas 2009 - 81st Regular

Texas House Bill HB4144 Compare Versions

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1	1	81R24467 JTS-D
2	2	By: Gattis H.B. No. 4144
3	3	Substitute the following for H.B. No. 4144:
4	4	By: Homer C.S.H.B. No. 4144
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a municipality's comprehensive development.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 211.004, Local Government Code, is
12	12	amended to read as follows:
13	13	Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN.
14	14	[(a)] Zoning regulations must be adopted in accordance with a
15	15	comprehensive plan developed under Subchapter C and must be
16	16	designed to:
17	17	(1) lessen congestion in the streets;
18	18	(2) secure safety from fire, panic, and other dangers;
19	19	(3) promote health and the general welfare;
20	20	(4) provide adequate light and air;
21	21	(5) prevent the overcrowding of land;
22	22	(6) avoid undue concentration of population; or
23	23	(7) facilitate the adequate provision of
24	24	transportation, water, sewers, schools, parks, and other public
25	25	requirements.
26	26	SECTION 2. Chapter 211, Local Government Code, is amended
27	27	by adding Subchapter C to read as follows:
28	28	SUBCHAPTER C. COMPREHENSIVE PLAN FOR LAND USE
29	29	Sec. 211.101. DEFINITIONS. In this subchapter:
30	30	(1) "Land use" means one or more uses of land
31	31	designated for a tract or an area under a comprehensive plan for
32	32	land use or a current or future land use plan or map.
33	33	(2) "Landowner" means the current owner of record, but
34	34	also includes a predecessor in interest.
35	35	(3) "Tract" means all or a majority of the metes and
36	36	bounds of a tract.
37	37	Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF
38	38	COMPREHENSIVE PLAN FOR LAND USE. (a) The governing body of a
39	39	municipality shall adopt by resolution or ordinance a comprehensive
40	40	plan for land use that details current and future land uses and
41	41	serves as a basis for making planning or zoning decisions under this
42	42	chapter.
43	43	(b) The governing body may amend the comprehensive plan for
44	44	land use from time to time in accordance with this subchapter.
45	45	(c) The governing body of a municipality shall review its
46	46	comprehensive plan for land use not less than every three years.
47	47	Sec. 211.103. INCORPORATION OF LAND USE ASSUMPTIONS. Land
48	48	use assumptions adopted in a manner that complies with Subchapter
49	49	C, Chapter 395, may be incorporated in a comprehensive plan for land
50	50	use.
51	51	Sec. 211.104. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map
52	52	of a comprehensive plan illustrating future land use must contain
53	53	the following clearly visible statement: "A comprehensive plan
54	54	does not constitute zoning regulations or establish zoning district
55	55	boundaries."
56	56	Sec. 211.105. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT,
57	57	AND REVIEW OF COMPREHENSIVE PLAN FOR LAND USE. (a) The governing
58	58	body of a municipality shall appoint an advisory committee to make
59	59	recommendations regarding the adoption, amendment, or review of its
60	60	comprehensive plan for land use.
61	61	(b) The advisory committee is composed of at least five
62	62	members appointed by a majority vote of the governing body. At
63	63	least 40 percent of the membership of the advisory committee must be
64	64	representatives of the real estate, development, or building
65	65	industries who are not employees or officials of a political
66	66	subdivision or governmental entity.
67	67	(c) The meetings of the advisory committee shall be open to
68	68	the public and conducted in accordance with Chapter 551, Government
69	69	Code.
70	70	(d) The municipality shall make available to the advisory
71	71	committee professional reports concerning municipal planning and
72	72	land uses.
73	73	(e) In making recommendations regarding or while reviewing
74	74	a comprehensive plan for land use, the advisory committee may
75	75	receive information from the municipality, any interested
76	76	landowner, or the general public.
77	77	Sec. 211.106. ADVISORY COMMITTEE REPORT. (a) The advisory
78	78	committee shall issue a written report to the governing body of the
79	79	municipality detailing its findings and recommendations as to the
80	80	adoption, amendment, or review of the comprehensive plan for land
81	81	use.
82	82	(b) The advisory committee's written report shall be made
83	83	available to the municipality, each interested landowner, and the
84	84	general public as soon as practicable after its receipt by the
85	85	governing body.
86	86	Sec. 211.107. GOVERNING BODY ACTION ON ADVISORY COMMITTEE
87	87	REPORT; PUBLIC HEARING. (a) The governing body of the municipality
88	88	may not adopt or amend the comprehensive plan for land use until the
89	89	governing body conducts at least one public hearing on the
90	90	recommendations made by the advisory committee.
91	91	(b) The governing body of the municipality may not amend or
92	92	adopt the comprehensive plan for land use before the 30th day after
93	93	the date the governing body receives the advisory committee's
94	94	report, unless each of the landowners affected by the plan or
95	95	amendment consents to the plan or amendment.
96	96	(c) At the public hearing, a landowner may object to any
97	97	land use applied to the landowner's tract by the comprehensive plan
98	98	for land use.
99	99	Sec. 211.108. PETITION TO SPECIAL COMMISSIONERS BY AFFECTED
100	100	LANDOWNER. (a) A landowner may petition the commissioners court of
101	101	the county to appoint three disinterested persons who reside in the
102	102	municipality and county as special commissioners to assess the
103	103	reasonableness of a land use applied to the landowner's tract under
104	104	the comprehensive plan if:
105	105	(1) the landowner objects in writing to the land use;
106	106	and
107	107	(2) the landowner has been unable to sell or develop
108	108	the tract in conformity with the land use for a period of three
109	109	years.
110	110	(b) The special commissioners shall swear to assess fairly
111	111	and impartially the reasonableness of the land use applied to the
112	112	tract by the comprehensive plan for land use. The special
113	113	commissioners shall conduct their proceedings and shall have the
114	114	same powers as special commissioners under Subchapter B, Chapter
115	115	21, Property Code.
116	116	(c) A special commissioner:
117	117	(1) must be a resident of the municipality and county
118	118	in which the tract is located;
119	119	(2) must be impartial and have no conflict of interest
120	120	in the matter that is the subject of the petition;
121	121	(3) may not be connected, employed, or affiliated with
122	122	real estate development, real estate sales, or the construction
123	123	industry or reside in a household with a person who is connected,
124	124	employed, or affiliated with real estate development, real estate
125	125	sales, or the construction industry; and
126	126	(4) may not be a municipal official or employee or
127	127	serve on a municipal board, or reside in a household with a person
128	128	who is a municipal official or employee or serves on a municipal
129	129	board.
130	130	(d) The commissioners court may appoint a replacement for
131	131	any special commissioner who fails or refuses to serve.
132	132	Sec. 211.109. AMENDMENT OF COMPREHENSIVE PLAN FOR LAND USE
133	133	IN RESPONSE TO SPECIAL COMMISSIONERS' RECOMMENDATION. If a
134	134	majority of the special commissioners determines that a land use
135	135	applied to a landowner's tract by the comprehensive plan for land
136	136	use is unreasonable, a majority of the special commissioners may
137	137	determine a reasonable land use for the tract and order that the
138	138	comprehensive plan for land use be amended to reflect that use.
139	139	Sec. 211.110. PETITION FOR ENFORCEMENT OF SPECIAL
140	140	COMMISSIONERS' ORDER. (a) If the governing body of the municipality
141	141	refuses to amend the comprehensive plan for land use in accordance
142	142	with a special commissioners' order, the landowner may file suit in
143	143	the district court in the county where the tract is located to
144	144	enforce the special commissioners' order.
145	145	(b) The special commissioners' order may be enforced by
146	146	mandamus or declaratory or injunctive relief.
147	147	(c) A prevailing landowner may recover reasonable
148	148	attorney's fees, expert witness fees, and costs of court.
149	149	SECTION 3. Section 213.002, Local Government Code, is
150	150	amended to read as follows:
151	151	Sec. 213.002. COMPREHENSIVE PLAN. (a) The governing body
152	152	of a municipality may adopt a comprehensive plan for the long-range
153	153	development of the municipality. A municipality may define the
154	154	content and design of a comprehensive plan.
155	155	(b) A comprehensive plan under this chapter may:
156	156	(1) include [but is not limited to] provisions on
157	157	[land use,] transportation[,] and public facilities;
158	158	(2) consist of a single plan or a coordinated set of
159	159	plans organized by subject and geographic area; and
160	160	(3) incorporate the comprehensive plan for land use
161	161	required by Subchapter C, Chapter 211 [be used to coordinate and
162	162	guide the establishment of development regulations].
163	163	[(c) A municipality may define, in its charter or by
164	164	ordinance, the relationship between a comprehensive plan and
165	165	development regulations and may provide standards for determining
166	166	the consistency required between a plan and development
167	167	regulations.
168	168	[(d) Land use assumptions adopted in a manner that complies
169	169	with Subchapter C, Chapter 395, may be incorporated in a
170	170	comprehensive plan.]
171	171	SECTION 4. Section 213.005, Local Government Code, is
172	172	repealed.
173	173	SECTION 5. A landowner affected by a land use under a
174	174	municipality's comprehensive plan for land use may petition a
175	175	commissioners court of a county to appoint special commissioners
176	176	under Section 211.106, Local Government Code, as added by this Act,
177	177	on or after September 1, 2009, regardless of whether the land use
178	178	provisions are incorporated in a comprehensive plan that was
179	179	adopted before or after that date and regardless of whether the land
180	180	use provisions are incorporated in a comprehensive plan that was
181	181	adopted under Chapter 213, Local Government Code, as it existed
182	182	before the effective date of this Act, or under Subchapter C,
183	183	Chapter 211, Local Government Code, as added by this Act.
184	184	SECTION 6. This Act takes effect September 1, 2009.