89R21379 DRS-D
By: Tepper H.B. No. 2149
Substitute the following for H.B. No. 2149:
By: Gates C.S.H.B. No. 2149
A BILL TO BE ENTITLED
AN ACT
relating to nonconforming land uses after the adoption of or change
to a zoning regulation or boundary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 211.019, Local Government
Code, is amended to read as follows:
Sec. 211.019. NONCONFORMING LAND USE; REMEDY; AGREEMENT.
SECTION 2. Section 211.019, Local Government Code, is
amended by amending Subsections (b), (d), (e), (f), (g), (h), (i),
and (l) and adding Subsections (b-1), (f-1), and (f-2) to read as
follows:
(b) A person using a property in a manner considered to be a
nonconforming use as a result of the adoption of or change to a
zoning regulation or boundary may continue to use the property in
the same manner unless the person agrees [required by a
municipality] to stop the nonconforming use of the property
pursuant to an agreement with the municipality in which the
property is located under Subsection (b-1).
(b-1) A municipality may not require a person to stop a
nonconforming use of a property unless the municipality enters into
an agreement with the person to stop the nonconforming use. Subject
to Section 211.020, a person may continue the nonconforming use of
the property unless the person enters into an agreement with the
municipality as provided by this subsection. An agreement under
this subsection must stipulate:
(1) the amount of the payment from the municipality to
the person as prescribed by Subsection (d)(1); or
(2) the period during which the person may continue
the nonconforming use of the property as prescribed by Subsection
(d)(2).
(d) If a municipality and [requires] a property owner or
lessee enter into an agreement to stop the nonconforming use of a
property as described by Subsection (b), the owner or lessee of the
property is entitled to:
(1) payment from the municipality in an amount equal
to the sum of:
(A) the costs incurred by the owner or lessee of
the property that are directly attributable to ceasing the
nonconforming use of the property, including expenses related to
demolition, relocation, termination of a lease, or discharge of a
mortgage; and
(B) an amount equal to the greater of, as
determined by the municipality, the diminution in the market value
of the property, computed by subtracting the current market value
of the property after the municipality makes a determination that
the municipality seeks [imposition of a requirement] to stop the
nonconforming use of the property from:
(i) the market value of the property on the
day before the date the notice was given under Section
211.006(a-1); or
(ii) the market value of the property on the
day before a person submits an application or request to the
municipality to require or the municipality otherwise seeks to
require [requires] a person to stop using the property in a manner
that is a nonconforming use as described by Subsection (b); or
(2) continued nonconforming use of the property for a
period, as determined by the owner or lessee, sufficient for
[until] the owner or lessee to recover [recovers] the amount
determined under Subdivision (1) through the owner or lessee's
continued business activities according to generally accepted
accounting principles.
(e) Not later than the 10th day after the date a
municipality makes a determination that the municipality seeks
[imposes a requirement] to stop a nonconforming use of a property
under this section, the municipality shall give written notice to
each owner or lessee of the property, as indicated by the most
recently approved municipal tax roll, who is operating [required to
stop] a nonconforming use of the property:
(1) that the municipality seeks to stop the
nonconforming use of the property;
(2) if the owner or lessee of the property agrees to
stop the nonconforming use, of the [requirement and of the]
remedies to which an owner or lessee of the property is entitled
[to] under Subsection (d); and
(3) that the municipality is required to enter into an
agreement with the owner or lessee of the property for the purpose
of stopping the nonconforming use and deciding which remedy under
Subsection (d) the owner or lessee will choose.
(f) The owner or lessee of a property that agrees [is
subject to a requirement] to stop a nonconforming use of the
property under this section shall not later than the 30th day after
the date the municipality gives the notice required by Subsection
(e) respond in writing to the municipality indicating the remedy
under Subsection (d) chosen by the owner or lessee. In the event of
a conflict in the choice of remedy by the owner and a lessee of the
property, the owner's choice of remedy shall control. In the event
of a conflict in the choice of remedy by the owners of a property
that has more than one owner, the choice of remedy made by an owner
or owners holding the greater ownership interest in the property
shall control. If the municipality does not receive timely notice
from an owner or lessee, the municipality may choose the remedy
provided under this section.
(f-1) In the event of a conflict in the choice of remedy as
described by Subsection (f), an agreement under Subsection (b-1)
must incorporate the choice of remedy that controls under
Subsection (f).
(f-2) In a timely manner after responding to the notice
given under Subsection (e), if the owner or lessee agrees to stop
the nonconforming use, the owner or lessee and the municipality
shall enter into an agreement to stop the nonconforming use of the
property as provided by this section.
(g) A person receiving a payment under Subsection (d)(1)
pursuant to an agreement entered into under Subsection (b-1) must
stop the nonconforming use not later than the 10th day after the
date of the payment.
(h) A person who continues the nonconforming use under
Subsection (d)(2) pursuant to an agreement entered into under
Subsection (b-1) must stop the nonconforming use immediately on the
recovery of the amount determined under Subsection (d)(1).
(i) If more than one person seeks a payment from the
municipality under Subsection (d)(1), the municipality shall:
(1) apportion the payment between each person based on
the market value of the person's interest in the property; and
(2) explicitly state the apportionment in the
agreement entered into with the person under Subsection (b-1). [A
person may appeal the apportionment in the manner provided by this
section.]
(l) A person seeking to continue a nonconforming use under
Subsection (d)(2) who brings an action for declaratory relief under
Section 211.0202 [appeals the decision of the municipality or board
of adjustment] may continue to use the property in the same manner
while the action is pending [the appeal] unless an official of the
body that made the decision shows cause to stay the nonconforming
use by certifying in writing to the [board of adjustment or] court
[with jurisdiction over the appeal] facts supporting the official's
opinion that continued nonconforming use of the property would
cause imminent peril to life or property. On a showing of cause the
[board of adjustment or] court [with jurisdiction over the appeal]
may, after notice to the official, grant a restraining order to stay
continued nonconforming use of the property.
SECTION 3. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Sections 211.020, 211.0201, and 211.0202
to read as follows:
Sec. 211.020. RIGHT TO RESUME NONCONFORMING LAND USE. (a)
This section does not apply to a person who changes or stops a
nonconforming use of a property and receives a payment or continues
the nonconforming use for a period of time, pursuant to an agreement
under Section 211.019(b-1).
(b) A person using a property in a manner considered to be a
nonconforming use as a result of the adoption of or change to a
zoning regulation or boundary who changes the use of the property to
a conforming use or otherwise stops the nonconforming use of the
property may resume the nonconforming use of the property if the
person resumes the nonconforming use of the property before the
fifth anniversary of the date the person changed or stopped the
nonconforming use.
Sec. 211.0201. RIGHT TO CONTINUE OR MODIFY NONCONFORMING
LAND USE. A municipality may not prohibit or restrict:
(1) the repair of a nonconforming structure;
(2) a person from continuing a nonconforming use of a
property in accordance with this subchapter after the repair of a
nonconforming structure or construction of a new building or
structure to replace a damaged nonconforming structure; or
(3) modification or expansion of a nonconforming use
of a property if the modification or expansion is necessary to:
(A) continue the nonconforming use of the
property; or
(B) protect the health and safety of the property
or occupants.
Sec. 211.0202. NONCONFORMING LAND USE; DECLARATORY
JUDGMENT ACTION. (a) A person may bring an action against a
municipality for declaratory relief under Chapter 37, Civil
Practice and Remedies Code, for a claimed violation of Section
211.019, 211.020, or 211.0201.
(b) A municipality's immunity from suit and governmental
immunity from liability are waived for purposes of an action
brought by a property owner or lessee under this section.
SECTION 4. Sections 211.019(j), (k), (m), (o), and (p),
Local Government Code, are repealed.
SECTION 5. (a) Section 211.019, Local Government Code, as
amended by this Act, and Sections 211.020, 211.0201, and 211.0202,
Local Government Code, as added by this Act, apply to a property for
which, on or after the effective date of this Act, a municipality:
(1) considers a proposed adoption of or change to a
zoning regulation or boundary under which a current conforming use
of the property is a nonconforming use; or
(2) receives a request to require a person to stop a
nonconforming use of the property.
(b) A property for which a municipality considers a proposed
adoption of or change to a zoning regulation or boundary under which
a current conforming use of the property is a nonconforming use or
receives a request to require a person to stop a nonconforming use
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.