| 1 | 1 | | 81R2919 NC-D |
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| 2 | 2 | | By: Smith of Tarrant H.B. No. 774 |
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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 procedures for the adoption of a municipal zoning |
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| 8 | 8 | | regulation or zoning district boundary. |
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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(d), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) If a proposed change to a regulation or boundary is |
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| 13 | 13 | | protested in accordance with this subsection, the proposed change |
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| 14 | 14 | | must receive, in order to take effect, the affirmative vote of at |
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| 15 | 15 | | least three-fourths of all members of the governing body. The |
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| 16 | 16 | | protest must be written and signed by the owners of at least 20 |
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| 17 | 17 | | percent of either: |
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| 18 | 18 | | (1) the area of the lots or land covered by the |
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| 19 | 19 | | proposed change; or |
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| 20 | 20 | | (2) the area of the lots or land: |
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| 21 | 21 | | (A) within the incorporated territory of the |
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| 22 | 22 | | municipality; and |
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| 23 | 23 | | (B) immediately adjoining the area covered by the |
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| 24 | 24 | | proposed change and extending 200 feet from that area. |
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| 25 | 25 | | SECTION 2. Section 211.007(c), Local Government Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | (c) Before the 10th day before the hearing date, written |
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| 28 | 28 | | notice of each public hearing before the zoning commission on a |
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| 29 | 29 | | proposed change in a zoning classification shall be sent to each |
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| 30 | 30 | | owner, as indicated by the most recently approved municipal tax |
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| 31 | 31 | | roll, of real property within 200 feet of the property on which the |
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| 32 | 32 | | change in classification is proposed. The notice may be served by |
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| 33 | 33 | | its deposit in the municipality, properly addressed with postage |
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| 34 | 34 | | paid, in the United States mail. If the property within 200 feet of |
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| 35 | 35 | | the property on which the change is proposed is located in territory |
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| 36 | 36 | | included on the most recently approved tax roll of an adjacent |
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| 37 | 37 | | municipality, the written notice shall be sent to the governing |
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| 38 | 38 | | body of the adjacent municipality. If the property within 200 feet |
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| 39 | 39 | | of the property on which the change is proposed is located in |
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| 40 | 40 | | territory annexed to the municipality and is not included on the |
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| 41 | 41 | | most recently approved municipal tax roll, the notice shall be |
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| 42 | 42 | | given in the manner provided by Section 211.006(a). |
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| 43 | 43 | | SECTION 3. The changes in law made by this Act apply only to |
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| 44 | 44 | | a proposal to change a municipal zoning regulation, boundary, or |
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| 45 | 45 | | classification made on or after the effective date of this Act. A |
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| 46 | 46 | | proposal to change a municipal zoning regulation, boundary, or |
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| 47 | 47 | | classification made before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect at the time the proposal was made, and |
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| 49 | 49 | | the former law is continued in effect for that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2009. |
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