81R2330 MSE-D
By: Corte H.B. No. 45
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements for certain municipal zoning
actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.006(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality wishing to exercise
the authority relating to zoning regulations and zoning district
boundaries shall establish procedures for adopting and enforcing
the regulations and boundaries. A regulation or boundary is not
effective until after a public hearing on the matter at which
parties in interest and citizens have an opportunity to be heard.
Before the 15th day before the date of the hearing, notice of the
time and place of the hearing must be published:
(1) in an official newspaper or a newspaper of general
circulation in the municipality; or
(2) on the municipality's official website.
SECTION 2. Sections 211.021(a) and (d), Local Government
Code, are amended to read as follows:
(a) The governing body of a municipality with a population
of more than 290,000 that has adopted a comprehensive zoning
ordinance under Subchapter A may, by ordinance, divide the
municipality into neighborhood zoning areas after a public hearing
on the matter at which parties in interest and citizens have an
opportunity to be heard. Before the 15th day before the date of the
hearing, notice of the time and place of the hearing must be
published:
(1) in an official newspaper or a newspaper of general
circulation in the municipality; or
(2) on the municipality's official website.
(d) On the filing of a zoning change application with the
zoning commission, the zoning commission shall provide the
appropriate neighborhood advisory zoning council with a copy of the
application. The zoning council shall conduct a public hearing on
the application and before the 10th day before the date of the
hearing must publish notice of the time and place of the hearing:
(1) in an official newspaper or a newspaper of general
circulation in the municipality; or
(2) on the municipality's official website [before the
10th day before the date of the hearing].
SECTION 3. 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.