Texas 2015 - 84th Regular

Texas House Bill HB3701 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4876 JTS-F
2	2	By: Guillen H.B. No. 3701
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a municipality's comprehensive development.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 211.004, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. (a)
12	12	Zoning regulations must be adopted in accordance with a
13	13	comprehensive plan for land use developed under Subchapter D,
14	14	including a comprehensive plan or part of a plan that is associated
15	15	with public infrastructure or mass transit, and must be designed
16	16	to:
17	17	(1) lessen congestion in the streets;
18	18	(2) secure safety from fire, panic, and other dangers;
19	19	(3) promote health and the general welfare;
20	20	(4) provide adequate light and air;
21	21	(5) prevent the overcrowding of land;
22	22	(6) avoid undue concentration of population; or
23	23	(7) facilitate the adequate provision of
24	24	transportation, water, sewers, schools, parks, and other public
25	25	requirements.
26	26	(b) A comprehensive plan for land use developed under
27	27	Subchapter D must allow the sale or development of property in
28	28	accordance with the plan before the fifth anniversary of the date
29	29	the plan is adopted or amended.
30	30	SECTION 2. Chapter 211, Local Government Code, is amended
31	31	by adding Subchapter D to read as follows:
32	32	SUBCHAPTER D. COMPREHENSIVE PLAN FOR LAND USE
33	33	Sec. 211.101. DEFINITIONS. In this subchapter:
34	34	(1) "Land use" means one or more uses of land
35	35	designated for a tract or an area under a comprehensive plan for
36	36	land use or a current or future land use plan or map.
37	37	(2) "Landowner" means the current owner of record, but
38	38	also includes a predecessor in interest.
39	39	(3) "Tract" means all or a majority of the metes and
40	40	bounds of a tract.
41	41	Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF
42	42	COMPREHENSIVE PLAN FOR LAND USE. (a) The governing body of a
43	43	municipality shall adopt by resolution or ordinance a comprehensive
44	44	plan for land use that details current and future land uses and
45	45	serves as a basis for making planning or zoning decisions under this
46	46	chapter.
47	47	(b) In this subchapter, a comprehensive plan for land use
48	48	includes a comprehensive plan or part of a plan that is associated
49	49	with public infrastructure or mass transit.
50	50	(c) The governing body of a municipality may amend the
51	51	comprehensive plan for land use from time to time in accordance with
52	52	this subchapter.
53	53	(d) The governing body of a municipality shall review its
54	54	comprehensive plan for land use not less than every five years.
55	55	Sec. 211.103. INCORPORATION OF LAND USE ASSUMPTIONS. Land
56	56	use assumptions adopted in a manner that complies with Subchapter
57	57	C, Chapter 395, may be incorporated in a comprehensive plan for land
58	58	use.
59	59	Sec. 211.104. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map
60	60	of a comprehensive plan for land use illustrating future land use
61	61	must contain the following clearly visible statement: "A
62	62	comprehensive plan does not constitute zoning regulations or
63	63	establish zoning district boundaries."
64	64	Sec. 211.105. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT,
65	65	AND REVIEW OF COMPREHENSIVE PLAN FOR LAND USE. (a) The governing
66	66	body of a municipality shall appoint an advisory committee to make
67	67	recommendations regarding the adoption, amendment, or review of its
68	68	comprehensive plan for land use.
69	69	(b) The advisory committee is composed of at least five
70	70	members appointed by a majority vote of the governing body. At
71	71	least 40 percent of the membership of the advisory committee must be
72	72	representatives of the real estate, development, or building
73	73	industries who are not employees or officials of a political
74	74	subdivision or governmental entity.
75	75	(c) The meetings of the advisory committee shall be open to
76	76	the public and conducted in accordance with Chapter 551, Government
77	77	Code.
78	78	(d) The municipality shall make available to the advisory
79	79	committee professional reports concerning municipal planning and
80	80	land uses.
81	81	(e) In making recommendations regarding or while reviewing
82	82	a comprehensive plan for land use, the advisory committee may
83	83	receive information from the municipality, any interested
84	84	landowner, or the general public.
85	85	Sec. 211.106. ADVISORY COMMITTEE REPORT. (a) The advisory
86	86	committee shall issue a written report to the governing body of the
87	87	municipality detailing its findings and recommendations as to the
88	88	adoption, amendment, or review of the comprehensive plan for land
89	89	use.
90	90	(b) The advisory committee's written report shall be made
91	91	available to the municipality, each interested landowner, and the
92	92	general public as soon as practicable after its receipt by the
93	93	governing body of the municipality.
94	94	Sec. 211.107. GOVERNING BODY ACTION ON ADVISORY COMMITTEE
95	95	REPORT; PUBLIC HEARING. (a) Except as provided by Section 211.108,
96	96	the governing body of the municipality may not adopt or amend the
97	97	comprehensive plan for land use until the governing body conducts
98	98	at least one public hearing on the recommendations made by the
99	99	advisory committee.
100	100	(b) Except as provided by Section 211.108, the governing
101	101	body of the municipality may not adopt or amend the comprehensive
102	102	plan for land use before the 30th day after the date the governing
103	103	body receives the advisory committee's report, unless each of the
104	104	landowners affected by the plan or amendment consents to the plan or
105	105	amendment.
106	106	(c) At the public hearing, a landowner may object to any
107	107	land use applied to the landowner's tract by the comprehensive plan
108	108	for land use.
109	109	Sec. 211.108. PETITION TO GOVERNING BODY BY AFFECTED
110	110	LANDOWNER FOR LESS INTENSE USE. (a) If a landowner's tract has not
111	111	been sold or developed in conformity with a comprehensive plan for
112	112	land use within five years after adoption or amendment of the plan,
113	113	a landowner may petition the governing body of the municipality to
114	114	designate the landowner's tract on the comprehensive plan for land
115	115	use for a less intense use or uses chosen by the landowner.
116	116	(b) The governing body of the municipality shall amend its
117	117	comprehensive plan for land use in conformity with a landowner's
118	118	petition under Subsection (a) not later than the 60th day after the
119	119	date the landowner files the petition.
120	120	(c) For purposes of this section, "less intense use" means a
121	121	lower use on the following descending scale:
122	122	(1) an industrial use;
123	123	(2) a retail use;
124	124	(3) an office use;
125	125	(4) a multifamily residential use; and
126	126	(5) a single-family residential use.
127	127	Sec. 211.109. ENFORCEMENT OF LANDOWNER'S PETITION. (a) If
128	128	the governing body of the municipality fails or refuses to amend the
129	129	comprehensive plan for land use in accordance with a landowner's
130	130	petition under Section 211.108, the landowner may file suit in the
131	131	district court in the county where the tract is located to enforce
132	132	the landowner's rights under that section.
133	133	(b) The landowner's rights under Section 211.108 may be
134	134	enforced by mandamus or declaratory or injunctive relief.
135	135	(c) A prevailing landowner may recover reasonable
136	136	attorney's fees, expert witness fees, and costs of court.
137	137	SECTION 3. Section 213.002(b), Local Government Code, is
138	138	amended to read as follows:
139	139	(b) A comprehensive plan under this chapter may:
140	140	(1) include [but is not limited to] provisions on
141	141	[land use,] transportation[,] and public facilities;
142	142	(2) consist of a single plan or a coordinated set of
143	143	plans organized by subject and geographic area; and
144	144	(3) incorporate the comprehensive plan for land use
145	145	required by Subchapter D, Chapter 211 [be used to coordinate and
146	146	guide the establishment of development regulations].
147	147	SECTION 4. Sections 213.002(c) and (d) and 213.005, Local
148	148	Government Code, are repealed.
149	149	SECTION 5. A landowner affected by a land use under a
150	150	municipality's comprehensive plan for land use may file a petition
151	151	under Section 211.108, Local Government Code, as added by this Act,
152	152	on or after September 1, 2015, regardless of whether the land use
153	153	provisions are incorporated in a comprehensive plan that was
154	154	adopted before or after that date and regardless of whether the land
155	155	use provisions are incorporated in a comprehensive plan that was
156	156	adopted under Chapter 213, Local Government Code, as it existed
157	157	before the effective date of this Act, or under Subchapter D,
158	158	Chapter 211, Local Government Code, as added by this Act.
159	159	SECTION 6. This Act takes effect September 1, 2015.