| 1 | 1 | | 85R12772 SCL-F |
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| 2 | 2 | | By: Workman H.B. No. 3624 |
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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 the approval of certain municipal ordinances affecting |
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| 8 | 8 | | private property rights at an election. |
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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. Chapter 229, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter C to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. ELECTION REQUIRED FOR CERTAIN MUNICIPAL ORDINANCES |
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| 13 | 13 | | AFFECTING PRIVATE PROPERTY RIGHTS |
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| 14 | 14 | | Sec. 229.101. APPLICABILITY OF OTHER LAW. The requirements |
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| 15 | 15 | | for an ordinance under this subchapter are in addition to any other |
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| 16 | 16 | | applicable requirements for the ordinance under other law. |
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| 17 | 17 | | Sec. 229.102. AUTHORITY TO ADOPT CERTAIN ORDINANCES. (a) |
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| 18 | 18 | | Notwithstanding any other law, a municipality may not adopt an |
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| 19 | 19 | | ordinance that affects private property rights and applies only to |
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| 20 | 20 | | a defined area of the municipality unless the ordinance is approved |
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| 21 | 21 | | at an election held in accordance with this subchapter. |
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| 22 | 22 | | (b) Subsection (a) does not apply to an ordinance affecting |
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| 23 | 23 | | private property rights that applies to the whole municipality. |
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| 24 | 24 | | (c) For purposes of this section, an ordinance affects |
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| 25 | 25 | | private property rights if the ordinance affects private property, |
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| 26 | 26 | | in whole or in part, temporarily, or permanently, in a manner that |
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| 27 | 27 | | restricts or limits the owner's right to the property that would |
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| 28 | 28 | | otherwise exist in the absence of the ordinance. |
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| 29 | 29 | | Sec. 229.103. RESOLUTION OF INTENTION TO ADOPT ORDINANCE. |
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| 30 | 30 | | The governing body of a municipality that proposes to adopt an |
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| 31 | 31 | | ordinance described by Section 229.102 must adopt a resolution that |
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| 32 | 32 | | includes: |
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| 33 | 33 | | (1) a statement of the municipality's intent to adopt |
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| 34 | 34 | | the ordinance; |
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| 35 | 35 | | (2) a detailed description and map of the area |
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| 36 | 36 | | affected by the ordinance; and |
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| 37 | 37 | | (3) a description in plain language of the effect of |
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| 38 | 38 | | the ordinance on private property rights in that area. |
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| 39 | 39 | | Sec. 229.104. NOTICE OF PROPOSED ORDINANCE. Not later than |
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| 40 | 40 | | the seventh day after the date the governing body of the |
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| 41 | 41 | | municipality adopts the resolution under Section 229.103, the |
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| 42 | 42 | | municipality must mail to each property owner in the area affected |
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| 43 | 43 | | by the proposed ordinance notification of the ordinance that |
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| 44 | 44 | | includes: |
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| 45 | 45 | | (1) notice that an election on the question of |
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| 46 | 46 | | approval of the ordinance will be held; and |
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| 47 | 47 | | (2) a description in plain language of the effect of |
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| 48 | 48 | | the ordinance on private property rights in that area. |
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| 49 | 49 | | Sec. 229.105. ELECTION PROCEDURES. (a) A municipality |
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| 50 | 50 | | adopting a resolution under Section 229.103 shall order an election |
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| 51 | 51 | | on the question of approving the proposed ordinance to be held on |
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| 52 | 52 | | the first uniform election date that falls on or after the 90th day |
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| 53 | 53 | | after the date the governing body of the municipality adopts the |
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| 54 | 54 | | resolution under Section 229.103. |
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| 55 | 55 | | (b) An election under this section must be held in the same |
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| 56 | 56 | | manner as general elections of the municipality. The municipality |
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| 57 | 57 | | shall pay for the costs of holding the election. |
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| 58 | 58 | | Sec. 229.106. RESULTS OF ELECTION. (a) Following an |
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| 59 | 59 | | election held under this subchapter, the municipality shall notify |
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| 60 | 60 | | the property owners of the area affected by the proposed ordinance |
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| 61 | 61 | | of the results of the election. |
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| 62 | 62 | | (b) If at the election held under this subchapter less than |
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| 63 | 63 | | two-thirds of the voters voting at the election approve the |
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| 64 | 64 | | proposed ordinance, the municipality may not adopt another |
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| 65 | 65 | | resolution under Section 229.103 to propose adoption of the same |
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| 66 | 66 | | ordinance before the first anniversary of the date the first |
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| 67 | 67 | | resolution was adopted. |
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| 68 | 68 | | (c) If at the election held under this subchapter at least |
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| 69 | 69 | | two-thirds of the voters voting at the election approve the |
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| 70 | 70 | | proposed ordinance, the municipality may adopt and enforce the |
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| 71 | 71 | | ordinance after: |
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| 72 | 72 | | (1) providing notice under Subsection (a); and |
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| 73 | 73 | | (2) conducting a public hearing at which the ordinance |
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| 74 | 74 | | may be adopted. |
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| 75 | 75 | | SECTION 2. This Act takes effect September 1, 2017. |
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