| 1 | 1 | | 81R2330 MSE-D |
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| 2 | 2 | | By: Corte H.B. No. 45 |
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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 notice requirements for certain municipal zoning |
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| 8 | 8 | | actions. |
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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 211.006(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The governing body of a municipality wishing to exercise |
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| 13 | 13 | | the authority relating to zoning regulations and zoning district |
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| 14 | 14 | | boundaries shall establish procedures for adopting and enforcing |
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| 15 | 15 | | the regulations and boundaries. A regulation or boundary is not |
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| 16 | 16 | | effective until after a public hearing on the matter at which |
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| 17 | 17 | | parties in interest and citizens have an opportunity to be heard. |
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| 18 | 18 | | Before the 15th day before the date of the hearing, notice of the |
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| 19 | 19 | | time and place of the hearing must be published: |
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| 20 | 20 | | (1) in an official newspaper or a newspaper of general |
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| 21 | 21 | | circulation in the municipality; or |
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| 22 | 22 | | (2) on the municipality's official website. |
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| 23 | 23 | | SECTION 2. Sections 211.021(a) and (d), Local Government |
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| 24 | 24 | | Code, are amended to read as follows: |
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| 25 | 25 | | (a) The governing body of a municipality with a population |
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| 26 | 26 | | of more than 290,000 that has adopted a comprehensive zoning |
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| 27 | 27 | | ordinance under Subchapter A may, by ordinance, divide the |
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| 28 | 28 | | municipality into neighborhood zoning areas after a public hearing |
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| 29 | 29 | | on the matter at which parties in interest and citizens have an |
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| 30 | 30 | | opportunity to be heard. Before the 15th day before the date of the |
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| 31 | 31 | | hearing, notice of the time and place of the hearing must be |
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| 32 | 32 | | published: |
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| 33 | 33 | | (1) in an official newspaper or a newspaper of general |
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| 34 | 34 | | circulation in the municipality; or |
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| 35 | 35 | | (2) on the municipality's official website. |
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| 36 | 36 | | (d) On the filing of a zoning change application with the |
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| 37 | 37 | | zoning commission, the zoning commission shall provide the |
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| 38 | 38 | | appropriate neighborhood advisory zoning council with a copy of the |
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| 39 | 39 | | application. The zoning council shall conduct a public hearing on |
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| 40 | 40 | | the application and before the 10th day before the date of the |
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| 41 | 41 | | hearing must publish notice of the time and place of the hearing: |
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| 42 | 42 | | (1) in an official newspaper or a newspaper of general |
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| 43 | 43 | | circulation in the municipality; or |
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| 44 | 44 | | (2) on the municipality's official website [before the |
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| 45 | 45 | | 10th day before the date of the hearing]. |
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| 46 | 46 | | SECTION 3. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2009. |
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