Texas 2025 - 89th Regular

Texas House Bill HB2149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21379~~ DRS-D
	1	+	89R2007 DRS-D
2	2		By: Tepper H.B. No. 2149
3		-	Substitute the following for H.B. No. 2149:
4		-	By: Gates C.S.H.B. No. 2149
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to nonconforming land uses after the adoption of or change
12	10		to a zoning regulation or boundary.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. The heading to Section 211.019, Local Government
15	13		Code, is amended to read as follows:
16		-	Sec. 211.019. NONCONFORMING LAND USE; REMEDY; AGREEMENT.
	14	+	Sec. 211.019. REQUIREMENT TO STOP NONCONFORMING LAND USE;
	15	+	REMEDY; AGREEMENT.
17	16		SECTION 2. Section 211.019, Local Government Code, is
18		-	amended by amending Subsections (b), (d), (e), (~~f), (~~g), (h), (i),
19		-	~~and~~ (l) and adding Subsections (b-1), (f-1), and (f-2) to read as
	17	+	amended by amending Subsections (b), (d), (e), (g), (h), (i), and
	18	+	(l) and adding Subsections (b-1), (f-1), and (f-2) to read as
20	19		follows:
21	20		(b) A person using a property in a manner considered to be a
22	21		nonconforming use as a result of the adoption of or change to a
23	22		zoning regulation or boundary may continue to use the property in
24		-	the same manner unless the person agrees [required by a
25		-	municipality] to stop the nonconforming use of the property
26		-	pursuant to an agreement with the municipality in which the
27		-	property is located under Subsection (b-1).
28		-	(b-1) A municipality may not require a person to stop a
29		-	nonconforming use of a property unless the municipality enters into
30		-	an agreement with the person to stop the nonconforming use. Subject
31		-	to Section 211.020, a person may continue the nonconforming use of
32		-	the property unless the person enters into an agreement with the
33		-	municipality as provided by this subsection. An agreement under
34		-	this subsection must stipulate:
	23	+	the same manner unless required by a municipality to stop the
	24	+	nonconforming use of the property pursuant to an agreement under
	25	+	Subsection (b-1).
	26	+	(b-1) A municipality that seeks to require a person to stop
	27	+	a nonconforming use of a property under Subsection (b) must enter
	28	+	into an agreement with the person before the municipality may
	29	+	require the person to stop the nonconforming use. A person may
	30	+	continue the nonconforming use of the property until the person and
	31	+	municipality enter into the agreement. An agreement under this
	32	+	subsection must stipulate:
35	33		(1) the amount of the payment from the municipality to
36	34		the person as prescribed by Subsection (d)(1); or
37	35		(2) the period during which the person may continue
38	36		the nonconforming use of the property as prescribed by Subsection
39	37		(d)(2).
40		-	(d) If a municipality and [requires] a property owner or
41		-	lessee enter into an agreement to stop the nonconforming use of a
42		-	property as described by Subsection (b), the owner or lessee of the
43		-	property is entitled to:
	38	+	(d) If a municipality requires a property owner or lessee to
	39	+	stop the nonconforming use of a property as described by Subsection
	40	+	(b), the owner or lessee of the property is entitled to:
44	41		(1) payment from the municipality in an amount equal
45	42		to the sum of:
46	43		(A) the costs incurred by the owner or lessee of
47	44		the property that are directly attributable to ceasing the
48	45		nonconforming use of the property, including expenses related to
49	46		demolition, relocation, termination of a lease, or discharge of a
50	47		mortgage; and
51	48		(B) an amount equal to the greater of, as
52	49		determined by the municipality, the diminution in the market value
53	50		of the property, computed by subtracting the current market value
54		-	of the property after the municipality makes a determination that
55		-	the municipality seeks [imposition of a requirement] to stop the
	51	+	of the property after the imposition of a requirement to stop the
56	52		nonconforming use of the property from:
57	53		(i) the market value of the property on the
58	54		day before the date the notice was given under Section
59	55		211.006(a-1); or
60	56		(ii) the market value of the property on the
61	57		day before a person submits an application or request to the
62		-	municipality to require or the municipality otherwise ~~seeks to~~
63		-	~~require [requires] a~~ person to stop using the property in a manner
64		-	~~that is a~~ nonconforming use as described by Subsection (b); or
	58	+	municipality to require or the municipality otherwise requires a
	59	+	person to stop using the property in a manner that is a
	60	+	nonconforming use as described by Subsection (b); or
65	61		(2) continued nonconforming use of the property for a
66	62		period, as determined by the owner or lessee, sufficient for
67	63		[until] the owner or lessee to recover [recovers] the amount
68	64		determined under Subdivision (1) through the owner or lessee's
69	65		continued business activities according to generally accepted
70	66		accounting principles.
71	67		(e) Not later than the 10th day after the date a
72		-	municipality makes a determination that the municipality seeks
73		-	[imposes a requirement] to stop a nonconforming use of a property
74		-	under this section, the municipality shall give written notice to
75		-	each owner or lessee of the property, as indicated by the most
76		-	recently approved municipal tax roll, who is operating [required to
77		-	stop] a nonconforming use of the property:
	68	+	municipality imposes a requirement to stop a nonconforming use of a
	69	+	property under this section, the municipality shall give written
	70	+	notice to each owner or lessee of the property, as indicated by the
	71	+	most recently approved municipal tax roll, who is required to stop a
	72	+	nonconforming use of the property:
78	73		(1) that the municipality seeks to stop the
79	74		nonconforming use of the property;
80		-	(2) if the owner or lessee of the property agrees to
81		-	stop the nonconforming use, of the [requirement and of the]
82		-	remedies to which an owner or lessee of the property is entitled
83		-	[to] under Subsection (d); and
	75	+	(2) of the [requirement and of the] remedies to which
	76	+	an owner or lessee of the property is entitled [to] under Subsection
	77	+	(d); and
84	78		(3) that the municipality is required to enter into an
85	79		agreement with the owner or lessee of the property for the purpose
86		-	of stopping the nonconforming use and deciding which remedy under
87		-	Subsection (d) the owner or lessee will choose.
88		-	(f) The owner or lessee of a property that agrees [is
89		-	subject to a requirement] to stop a nonconforming use of the
90		-	property under this section shall not later than the 30th day after
91		-	the date the municipality gives the notice required by Subsection
92		-	(e) respond in writing to the municipality indicating the remedy
93		-	under Subsection (d) chosen by the owner or lessee. In the event of
94		-	a conflict in the choice of remedy by the owner and a lessee of the
95		-	property, the owner's choice of remedy shall control. In the event
96		-	of a conflict in the choice of remedy by the owners of a property
97		-	that has more than one owner, the choice of remedy made by an owner
98		-	or owners holding the greater ownership interest in the property
99		-	shall control. If the municipality does not receive timely notice
100		-	from an owner or lessee, the municipality may choose the remedy
101		-	provided under this section.
	80	+	of deciding which remedy under Subsection (d) the owner or lessee
	81	+	will choose.
102	82		(f-1) In the event of a conflict in the choice of remedy as
103	83		described by Subsection (f), an agreement under Subsection (b-1)
104	84		must incorporate the choice of remedy that controls under
105	85		Subsection (f).
106	86		(f-2) In a timely manner after responding to the notice
107		-	given under Subsection (e), if the owner or lessee agrees to stop
108		-	the nonconforming use, the owner or lessee and the municipality
109		-	shall enter into an agreement to stop the nonconforming use of the
110		-	property as provided by this section.
	87	+	given under Subsection (e), the owner or lessee and the
	88	+	municipality shall enter into an agreement to stop the
	89	+	nonconforming use of the property as provided by this section.
111	90		(g) A person receiving a payment under Subsection (d)(1)
112	91		pursuant to an agreement entered into under Subsection (b-1) must
113	92		stop the nonconforming use not later than the 10th day after the
114	93		date of the payment.
115	94		(h) A person who continues the nonconforming use under
116	95		Subsection (d)(2) pursuant to an agreement entered into under
117	96		Subsection (b-1) must stop the nonconforming use immediately on the
118	97		recovery of the amount determined under Subsection (d)(1).
119	98		(i) If more than one person seeks a payment from the
120	99		municipality under Subsection (d)(1), the municipality shall:
121	100		(1) apportion the payment between each person based on
122	101		the market value of the person's interest in the property; and
123	102		(2) explicitly state the apportionment in the
124	103		agreement entered into with the person under Subsection (b-1). [A
125	104		person may appeal the apportionment in the manner provided by this
126	105		section.]
127	106		(l) A person seeking to continue a nonconforming use under
128	107		Subsection (d)(2) who brings an action for declaratory relief under
129	108		Section 211.0202 [appeals the decision of the municipality or board
130	109		of adjustment] may continue to use the property in the same manner
131	110		while the action is pending [the appeal] unless an official of the
132	111		body that made the decision shows cause to stay the nonconforming
133	112		use by certifying in writing to the [board of adjustment or] court
134	113		[with jurisdiction over the appeal] facts supporting the official's
135	114		opinion that continued nonconforming use of the property would
136	115		cause imminent peril to life or property. On a showing of cause the
137	116		[board of adjustment or] court [with jurisdiction over the appeal]
138	117		may, after notice to the official, grant a restraining order to stay
139	118		continued nonconforming use of the property.
140	119		SECTION 3. Subchapter A, Chapter 211, Local Government
141	120		Code, is amended by adding Sections 211.020, 211.0201, and 211.0202
142	121		to read as follows:
143	122		Sec. 211.020. RIGHT TO RESUME NONCONFORMING LAND USE. (a)
144		-	This section does not apply to a person who changes or stops a
145		-	nonconforming use of a property and receives a payment or continues
146		-	the nonconforming use for a period of time, pursuant to an agreement
147		-	under Section 211.019(b-1).
	123	+	This section does not apply to a person who:
	124	+	(1) changes or stops a nonconforming use of a property
	125	+	pursuant to a requirement imposed by a municipality under Section
	126	+	211.019; and
	127	+	(2) receives a payment or continues the nonconforming
	128	+	use for a period of time pursuant to an agreement under Section
	129	+	211.019(b-1).
148	130		(b) A person using a property in a manner considered to be a
149	131		nonconforming use as a result of the adoption of or change to a
150	132		zoning regulation or boundary who changes the use of the property to
151	133		a conforming use or otherwise stops the nonconforming use of the
152	134		property may resume the nonconforming use of the property if the
153	135		person resumes the nonconforming use of the property before the
154	136		fifth anniversary of the date the person changed or stopped the
155	137		nonconforming use.
156	138		Sec. 211.0201. RIGHT TO CONTINUE OR MODIFY NONCONFORMING
157	139		LAND USE. A municipality may not prohibit or restrict:
158	140		(1) the repair of a nonconforming structure;
159	141		(2) a person from continuing a nonconforming use of a
160	142		property in accordance with this subchapter after the repair of a
161	143		nonconforming structure or construction of a new building or
162	144		structure to replace a damaged nonconforming structure; or
163	145		(3) modification or expansion of a nonconforming use
164	146		of a property if the modification or expansion is necessary to:
165	147		(A) continue the nonconforming use of the
166	148		property; or
167	149		(B) protect the health and safety of the property
168	150		or occupants.
169	151		Sec. 211.0202. NONCONFORMING LAND USE; DECLARATORY
170	152		JUDGMENT ACTION. (a) A person may bring an action against a
171	153		municipality for declaratory relief under Chapter 37, Civil
172	154		Practice and Remedies Code, for a claimed violation of Section
173	155		211.019, 211.020, or 211.0201.
174	156		(b) A municipality's immunity from suit and governmental
175	157		immunity from liability are waived for purposes of an action
176	158		brought by a property owner or lessee under this section.
177	159		SECTION 4. Sections 211.019(j), (k), (m), (o), and (p),
178	160		Local Government Code, are repealed.
179	161		SECTION 5. (a) Section 211.019, Local Government Code, as
180	162		amended by this Act, and Sections 211.020, 211.0201, and 211.0202,
181	163		Local Government Code, as added by this Act, apply to a property for
182	164		which, on or after the effective date of this Act, a municipality:
183	165		(1) considers a proposed adoption of or change to a
184	166		zoning regulation or boundary under which a current conforming use
185	167		of the property is a nonconforming use; or
186	168		(2) receives a request to require a person to stop a
187	169		nonconforming use of the property.
188	170		(b) A property for which a municipality considers a proposed
189	171		adoption of or change to a zoning regulation or boundary under which
190	172		a current conforming use of the property is a nonconforming use or
191	173		receives a request to require a person to stop a nonconforming use
192	174		before the effective date of this Act is governed by the law in
193	175		effect immediately before the effective date of this Act, and that
194	176		law is continued in effect for that purpose.
195	177		SECTION 6. This Act takes effect September 1, 2025.