Texas House Bill HB774

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09
• Voted on by House: 4/28/09

Caption

Relating to procedures for the adoption of a municipal zoning regulation or zoning district boundary.

Impact

The passage of HB 774 could lead to a more structured and possibly restrictive environment for zoning changes, particularly in areas where community members frequently oppose such changes. It aims to strengthen property owners' voices in the zoning process by ensuring that significant changes to local zoning require a high degree of consensus among elected officials. This could lead to fewer changes in zoning classifications as communities push back against developments they do not support.

Summary

House Bill 774 establishes new procedures for the adoption of municipal zoning regulations and zoning district boundary changes within Texas. The bill impacts the way local governments handle zoning protests, requiring a significant level of agreement from municipal governing bodies in cases where changes are contested. Specifically, if at least 20% of property owners in the affected area submit a written protest against a proposed zoning change, the change will need the affirmative vote of at least three-fourths of all governing body members to proceed. This is a notable shift from previous requirements, which may have allowed for changes to occur with a lower threshold of approval.

Contention

While supporters of the bill argue it enhances democracy by empowering property owners and emphasizing local governance, critics view it as a potential barrier to necessary development and urban growth. The higher voting threshold could make it increasingly difficult for municipalities to modify zoning regulations even when such changes are deemed necessary for economic development or community needs. This contention points to a broader debate about the balance between local control and the need for flexible governmental responses to changing urban landscapes.