85R12772 SCL-F
By: Workman H.B. No. 3624
A BILL TO BE ENTITLED
AN ACT
relating to the approval of certain municipal ordinances affecting
private property rights at an election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. ELECTION REQUIRED FOR CERTAIN MUNICIPAL ORDINANCES
AFFECTING PRIVATE PROPERTY RIGHTS
Sec. 229.101. APPLICABILITY OF OTHER LAW. The requirements
for an ordinance under this subchapter are in addition to any other
applicable requirements for the ordinance under other law.
Sec. 229.102. AUTHORITY TO ADOPT CERTAIN ORDINANCES. (a)
Notwithstanding any other law, a municipality may not adopt an
ordinance that affects private property rights and applies only to
a defined area of the municipality unless the ordinance is approved
at an election held in accordance with this subchapter.
(b) Subsection (a) does not apply to an ordinance affecting
private property rights that applies to the whole municipality.
(c) For purposes of this section, an ordinance affects
private property rights if the ordinance affects private property,
in whole or in part, temporarily, or permanently, in a manner that
restricts or limits the owner's right to the property that would
otherwise exist in the absence of the ordinance.
Sec. 229.103. RESOLUTION OF INTENTION TO ADOPT ORDINANCE.
The governing body of a municipality that proposes to adopt an
ordinance described by Section 229.102 must adopt a resolution that
includes:
(1) a statement of the municipality's intent to adopt
the ordinance;
(2) a detailed description and map of the area
affected by the ordinance; and
(3) a description in plain language of the effect of
the ordinance on private property rights in that area.
Sec. 229.104. NOTICE OF PROPOSED ORDINANCE. Not later than
the seventh day after the date the governing body of the
municipality adopts the resolution under Section 229.103, the
municipality must mail to each property owner in the area affected
by the proposed ordinance notification of the ordinance that
includes:
(1) notice that an election on the question of
approval of the ordinance will be held; and
(2) a description in plain language of the effect of
the ordinance on private property rights in that area.
Sec. 229.105. ELECTION PROCEDURES. (a) A municipality
adopting a resolution under Section 229.103 shall order an election
on the question of approving the proposed ordinance to be held on
the first uniform election date that falls on or after the 90th day
after the date the governing body of the municipality adopts the
resolution under Section 229.103.
(b) An election under this section must be held in the same
manner as general elections of the municipality. The municipality
shall pay for the costs of holding the election.
Sec. 229.106. RESULTS OF ELECTION. (a) Following an
election held under this subchapter, the municipality shall notify
the property owners of the area affected by the proposed ordinance
of the results of the election.
(b) If at the election held under this subchapter less than
two-thirds of the voters voting at the election approve the
proposed ordinance, the municipality may not adopt another
resolution under Section 229.103 to propose adoption of the same
ordinance before the first anniversary of the date the first
resolution was adopted.
(c) If at the election held under this subchapter at least
two-thirds of the voters voting at the election approve the
proposed ordinance, the municipality may adopt and enforce the
ordinance after:
(1) providing notice under Subsection (a); and
(2) conducting a public hearing at which the ordinance
may be adopted.
SECTION 2. This Act takes effect September 1, 2017.