81R2919 NC-D
By: Smith of Tarrant H.B. No. 774
A BILL TO BE ENTITLED
AN ACT
relating to procedures for the adoption of a municipal zoning
regulation or zoning district boundary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.006(d), Local Government Code, is
amended to read as follows:
(d) If a proposed change to a regulation or boundary is
protested in accordance with this subsection, the proposed change
must receive, in order to take effect, the affirmative vote of at
least three-fourths of all members of the governing body. The
protest must be written and signed by the owners of at least 20
percent of either:
(1) the area of the lots or land covered by the
proposed change; or
(2) the area of the lots or land:
(A) within the incorporated territory of the
municipality; and
(B) immediately adjoining the area covered by the
proposed change and extending 200 feet from that area.
SECTION 2. Section 211.007(c), Local Government Code, is
amended to read as follows:
(c) Before the 10th day before the hearing date, written
notice of each public hearing before the zoning commission on a
proposed change in a zoning classification shall be sent to each
owner, as indicated by the most recently approved municipal tax
roll, of real property within 200 feet of the property on which the
change in classification is proposed. The notice may be served by
its deposit in the municipality, properly addressed with postage
paid, in the United States mail. If the property within 200 feet of
the property on which the change is proposed is located in territory
included on the most recently approved tax roll of an adjacent
municipality, the written notice shall be sent to the governing
body of the adjacent municipality. If the property within 200 feet
of the property on which the change is proposed is located in
territory annexed to the municipality and is not included on the
most recently approved municipal tax roll, the notice shall be
given in the manner provided by Section 211.006(a).
SECTION 3. The changes in law made by this Act apply only to
a proposal to change a municipal zoning regulation, boundary, or
classification made on or after the effective date of this Act. A
proposal to change a municipal zoning regulation, boundary, or
classification made before the effective date of this Act is
governed by the law in effect at the time the proposal was made, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.