| 1 | 1 | | By: Huffines S.B. No. 55 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to procedures for certain municipalities to adopt or amend |
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| 7 | 7 | | a national model building code. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Section 214.217, Local Government |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 214.217. PROCEDURES FOR [NOTICE REGARDING] MODEL CODE |
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| 12 | 12 | | ADOPTION OR AMENDMENT IN CERTAIN MUNICIPALITIES. |
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| 13 | 13 | | SECTION 2. Section 214.217, Local Government Code, is |
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| 14 | 14 | | amended by amending Subsections (b) and (e) and adding Subsection |
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| 15 | 15 | | (g) to read as follows: |
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| 16 | 16 | | (b) This section applies only to a municipality with a |
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| 17 | 17 | | population of more than 40,000 [100,000]. |
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| 18 | 18 | | (e) The [On the written request from five or more persons, |
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| 19 | 19 | | the] governing body of the municipality shall hold a public hearing |
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| 20 | 20 | | open to public comment on the proposed adoption of or amendment to a |
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| 21 | 21 | | national model code under this section. The hearing must be held on |
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| 22 | 22 | | or before the 14th day before the date the governing body adopts the |
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| 23 | 23 | | ordinance that adopts or amends a national model code under this |
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| 24 | 24 | | section. |
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| 25 | 25 | | (g) On or before the 30th day before the date of a hearing |
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| 26 | 26 | | under Subsection (e), the governing body must publish a |
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| 27 | 27 | | cost-benefit analysis of the code or amendment that includes: |
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| 28 | 28 | | (1) estimations of the code's or amendment's: |
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| 29 | 29 | | (A) cost to the local economy; |
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| 30 | 30 | | (B) effect on tax revenue; |
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| 31 | 31 | | (C) effect on net growth in new development in |
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| 32 | 32 | | the municipality; and |
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| 33 | 33 | | (D) additional cost per unit of development in |
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| 34 | 34 | | each type of zoning use designated by the municipality; and |
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| 35 | 35 | | (2) for an amendment that addresses existing or |
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| 36 | 36 | | potential harm to health and safety: |
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| 37 | 37 | | (A) scientific evidence supporting the |
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| 38 | 38 | | probability or likelihood that the harm has occurred or will occur; |
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| 39 | 39 | | and |
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| 40 | 40 | | (B) scientific evidence supporting the |
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| 41 | 41 | | probability or likelihood that the amendment will prevent or |
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| 42 | 42 | | address the harm. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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