82R960 ATP-F
By: Turner H.B. No. 363
A BILL TO BE ENTITLED
AN ACT
relating to urban renewal authority of municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 374.003(3) and (19), Local Government
Code, are amended to read as follows:
(3) "Blighted area" means an area that is not a slum
area, but that, because of deteriorating buildings, structures, or
other improvements; defective or inadequate streets, street
layout, or accessibility; unsanitary conditions; abnormally high
rates of crime; or other hazardous conditions, adversely affects
the public health, safety, morals, or welfare of the municipality
and its residents, substantially impairs [retards] the provision of
a sound and healthful housing environment, or results in an
economic or social liability to the municipality. The term
includes an area certified as a disaster area as provided by Section
374.903.
(19) "Slum area" means an area within a municipality
that is detrimental to the public health, safety, morals, and
welfare of the municipality because the area:
(A) has a predominance of buildings or other
improvements that are dilapidated, deteriorated, or obsolete due to
age or other reasons;
(B) is prone to high population densities and
overcrowding due to inadequate provision for open space;
(C) is composed of open land that, because of its
location within municipal limits, is necessary for sound community
growth through replatting, planning, and development for
predominantly residential uses; or
(D) has conditions that exist due to any of the
causes enumerated in Paragraphs (A)-(C) or any combination of those
causes that:
(i) endanger life or property by fire or
other causes; or
(ii) are conducive to:
(a) the ill health of the residents;
(b) disease transmission;
(c) abnormally high rates of infant
mortality;
(d) abnormally high rates of juvenile
delinquency or [and] crime; or
(e) disorderly development because of
inadequate or improper platting for adequate residential
development of lots, streets, and public utilities.
SECTION 2. Section 374.012, Local Government Code, is
amended by amending Subsections (b) and (e) and adding Subsection
(h) to read as follows:
(b) Except as provided by Subsection (h), the [The]
governing body of the municipality must order and hold an election
in the manner provided by Section 374.011.
(e) If the ballot proposition is approved or, if applicable,
the resolution under Subsection (h) is approved, the municipality
may not exceed the limitations imposed on the project in the
resolution ordering the election or, if applicable, approving the
project under Subsection (h) with respect to the area, nature, or
amount of local funds spent on the project. If the municipality
desires to expand the project beyond those limitations, the
proposed expansion must be approved at an election in the manner
provided for the original project or, if applicable, approved in
the manner provided by Subsection (h).
(h) The governing body of a municipality with a population
of more than 1.9 million may approve the exercise of powers for a
specific urban renewal project under this section if the governing
body adopts a resolution containing the information that a notice
of election must contain under Subsection (c).
SECTION 3. This Act takes effect September 1, 2011.