Texas 2025 - 89th Regular

Texas House Bill HB24 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R21006 SCL-F
1	2		By: Orr, Hickland, Vasut, Lopez of Bexar, H.B. No. 24
2	3		Lalani, et al.
	4	+	Substitute the following for H.B. No. 24:
	5	+	By: Gates C.S.H.B. No. 24
3	6
4	7
5	8
6	9
7	10		A BILL TO BE ENTITLED
8	11		AN ACT
9	12		relating to procedures for changes to a zoning regulation or
10	13		district boundary.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Subchapter A, Chapter 211, Local Government
13	16		Code, is amended by adding Section 211.0011 to read as follows:
14	17		Sec. 211.0011. DEFINITION. In this subchapter, "proposed
15	18		comprehensive zoning change" means a municipal proposal to:
16	19		(1) change an existing zoning regulation that:
17	20		(A) will have the effect of allowing more
18	21		residential development than the previous regulation; and
19	22		(B) will apply uniformly to each parcel in one or
20	23		more zoning districts;
21	24		(2) adopt a new zoning code or zoning map that will
22	25		apply to the entire municipality; or
23	26		(3) adopt a zoning overlay district that:
24	27		(A) will have the effect of allowing more
25	28		residential development than allowed without the overlay; and
26	29		(B) will include an area along a major roadway,
27	30		highway, or transit corridor.
28	31		SECTION 2. Section 211.006(a), Local Government Code, is
29	32		amended to read as follows:
30	33		(a) The governing body of a municipality wishing to exercise
31	34		the authority relating to zoning regulations and zoning district
32	35		boundaries shall establish procedures for adopting and enforcing
33	36		the regulations and boundaries. A regulation or boundary is not
34	37		effective until after a public hearing on the matter at which
35	38		parties in interest and citizens have an opportunity to be
36	39		heard. Before the 15th day before the date of the hearing, notice
37	40		of the time and place of the hearing must be:
38	41		(1) published in an official newspaper or a newspaper
39	42		of general circulation in the municipality; and
40	43		(2) if the municipality maintains an Internet website,
41	44		published on the municipality's Internet website.
42	45		SECTION 3. Subchapter A, Chapter 211, Local Government
43	46		Code, is amended by adding Section 211.0061 to read as follows:
44	47		Sec. 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED
45	48		CHANGES. (a) This section applies only to a proposed change to a
46	49		zoning regulation or district boundary that is not a proposed
47	50		comprehensive zoning change.
48	51		(b) A protest of a proposed change to a zoning regulation or
49	52		district boundary must be written and signed by the owners of:
50	53		(1) at least 20 percent of the area of the lots or land
51	54		covered by the proposed change; or
52	55		(2) at least 60 percent of the area of the lots or land
53	56		immediately adjoining the area covered by the proposed change and
54	57		extending 200 feet from that area.
55	58		(d) If a proposed change to a regulation or district
56	59		boundary is protested in accordance with Subsection (b), the
57	60		proposed change must receive, in order to take effect, the
58	61		affirmative vote of at least:
59	62		(1) three-fourths of all members of the governing body
60	63		for a protest described by Subsection (b)(1); or
61	64		(2) a majority of all members of the governing body for
62	65		a protest described by Subsection (b)(2).
63	66		SECTION 4. Section 211.006(e), Local Government Code, is
64	67		transferred to Section 211.0061, Local Government Code, as added by
65	68		this Act, redesignated as Section 211.0061(c), Local Government
66	69		Code, and amended to read as follows:
67	70		(c) [(e)] In computing the percentage of land area under
68	71		Subsection (b):
69	72		(1) [(d),] the area of streets and alleys shall be
70	73		included; and
71	74		(2) the land area is not calculated individually for
72	75		each tract of land subject to a proposed change in a zoning
73	76		regulation or district boundary but in the aggregate for all tracts
74	77		of land subject to the change.
75	78		SECTION 5. Subchapter A, Chapter 211, Local Government
76	79		Code, is amended by adding Sections 211.0063 and 211.0065 to read as
77	80		follows:
78	81		Sec. 211.0063. NOTICE FOR PROPOSED COMPREHENSIVE ZONING
79	82		CHANGES. The notice described by Section 211.006(a) or 211.007(d),
80	83		as applicable, and Section 211.006(a-1) is the only notice required
81	84		for a proposed comprehensive zoning change.
82	85		Sec. 211.0065. PRESUMPTION OF VALIDITY FOR CERTAIN CHANGES
83	86		TO ZONING REGULATIONS OR DISTRICT BOUNDARIES. A change to a zoning
84	87		regulation or district boundary that has the effect of allowing
85	88		more residential development than the previous regulation is
86	89		conclusively presumed valid and to have occurred in accordance with
87	90		all applicable statutes and ordinances if an action to annul or
88	91		invalidate the change has not been filed before the 60th day after
89	92		the effective date of the change.
90		-	SECTION 6. Subchapter A, Chapter 211, Local Government
91		-	Code, is amended by adding Section 211.0073 to read as follows:
92		-	Sec. 211.0073. NOTICE SIGN REQUIREMENT FOR CERTAIN ZONING
93		-	CHANGES IN HOME-RULE MUNICIPALITIES. (a) Not later than the 10th
94		-	day before the date the zoning commission of a home-rule
95		-	municipality holds a hearing on a proposed change in zoning
96		-	classification that does not apply to the whole municipality and
97		-	until the date of a final determination on the proposed change by
98		-	the governing body of the municipality, the zoning commission shall
99		-	post a notice sign in accordance with this section on:
100		-	(1) the property affected by the change; or
101		-	(2) a public right-of-way for a change initiated by
102		-	the municipality that affects multiple properties.
103		-	(b) The notice sign must be at least 24 inches long by 48
104		-	inches wide.
105		-	(c) The zoning commission may elect to provide, maintain,
106		-	and pay for a notice sign under this section or require an applicant
107		-	for a change in zoning classification to provide, maintain, and pay
108		-	for the sign.
109		-	(d) Notice requirements prescribed under this section are
110		-	in addition to notice required by Section 211.007.
111		-	SECTION 7. Sections 211.006(d) and (f), Local Government
112		-	Code, are repealed.
113		-	SECTION 8. The changes in law made by this Act apply only to
	93	+	SECTION 6. Section 211.006(d), Local Government Code, is
	94	+	repealed.
	95	+	SECTION 7. The changes in law made by this Act apply only to
114	96		a proposal to change a municipal zoning regulation or district
115	97		boundary made on or after the effective date of this Act.
116		-	SECTION 9. This Act takes effect September 1, 2025.
	98	+	SECTION 8. This Act takes effect September 1, 2025.