BILL ANALYSIS Senate Research Center H.B. 2559 89R6197 DNC-F By: Patterson; Ward Johnson (Bettencourt) Local Government 5/2/2025 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 2559 amends current law relating to the imposition by a municipality of a moratorium on property development in certain circumstances. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 212.134(b), (c), and (f), Local Government Code, as follows: (b) Requires a municipality, not later than the 30th day before the date of a hearing, rather than on the fourth day before the date of the hearing, to publish notice of the time and place of the hearing in a newspaper of general circulation in the municipality and send notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary requesting notice of the hearing within two years preceding the date of adoption of the ordinance or resolution setting the public hearing. Makes nonsubstantive changes. (c) Requires the governing body of a municipality to hold two public hearings on a moratorium on property development proposed to be adopted under Subchapter E (Moratorium on Property Development in Certain Circumstances). Prohibits the governing body from holding the second public hearing before the 30th day after the date of the first public hearing. Deletes existing text providing that, beginning on the fifth business day after the date a notice is published under Subsection (b), a temporary moratorium takes effect. Deletes existing text authorizing a municipality, during the period of the temporary moratorium, to stop accepting permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property. (f) Requires the governing body of a municipality, not later than the 12th day after the date of the second public hearing, to begin a final determination on the imposition of a moratorium by giving the ordinance imposing the moratorium at least two readings that are not less than 28 days apart. Requires that the ordinance receive the affirmative vote of at least three-fourths of all members of the governing body on final reading in order to take effect. Prohibits the municipality, if the governing body fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, from adopting the ordinance. Deletes existing text requiring the municipality, within 12 days after the date of the first public hearing, to make a final determination on the imposition of a moratorium. Deletes existing text requiring that the ordinance, before an ordinance adopting a moratorium is authorized to be imposed, be given at least two readings by the governing body of the municipality. Deletes existing text requiring that the readings be separated by at least four days. Deletes existing text providing that, if the municipality fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, an ordinance imposing a moratorium is prohibited from being adopted, and the temporary moratorium imposed under Subsection (c) expires. SECTION 2. Amends Section 212.1362, Local Government Code, as follows: Sec. 212.1362. New heading: EXPIRATION OF MORATORIUM; EXTENSION. (a) Provides that a moratorium adopted under this subchapter, rather than a moratorium on commercial property adopted under Section 212.1352 (Justification for Commercial Moratorium in Certain Circumstances; Written Findings Required), expires on the 90th day after the date the moratorium is adopted unless the governing body of the municipality extends the moratorium by holding a public hearing on the proposed extension of the moratorium and adopting written findings that include certain information. (b) Prohibits a municipality from adopting a moratorium under this subchapter that exceeds an aggregate of 180 days or, before the second anniversary of the expiration date of a previous moratorium if the subsequent moratorium addresses the same harm, affects the same type of property, rather than commercial property, or affects the same geographical area identified by the previous moratorium. Makes conforming and nonsubstantive changes. SECTION 3. Repealers: Sections 212.134(d) (relating to requiring that one public hearing be held before the governing body of the municipality) and (e) (relating to requiring that, if a general-law municipality does not having zoning commission, be held before the governing body, two public hearings be separated by at least four days), Local Government Code. Repealer: Section 212.136 (Expiration of Moratorium; Extension), Local Government Code. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center H.B. 2559
89R6197 DNC-F By: Patterson; Ward Johnson (Bettencourt)
Local Government
5/2/2025
Engrossed
Senate Research Center
H.B. 2559
89R6197 DNC-F
By: Patterson; Ward Johnson (Bettencourt)
Local Government
5/2/2025
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 2559 amends current law relating to the imposition by a municipality of a moratorium on property development in certain circumstances.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 212.134(b), (c), and (f), Local Government Code, as follows:
(b) Requires a municipality, not later than the 30th day before the date of a hearing, rather than on the fourth day before the date of the hearing, to publish notice of the time and place of the hearing in a newspaper of general circulation in the municipality and send notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary requesting notice of the hearing within two years preceding the date of adoption of the ordinance or resolution setting the public hearing. Makes nonsubstantive changes.
(c) Requires the governing body of a municipality to hold two public hearings on a moratorium on property development proposed to be adopted under Subchapter E (Moratorium on Property Development in Certain Circumstances). Prohibits the governing body from holding the second public hearing before the 30th day after the date of the first public hearing.
Deletes existing text providing that, beginning on the fifth business day after the date a notice is published under Subsection (b), a temporary moratorium takes effect. Deletes existing text authorizing a municipality, during the period of the temporary moratorium, to stop accepting permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property.
(f) Requires the governing body of a municipality, not later than the 12th day after the date of the second public hearing, to begin a final determination on the imposition of a moratorium by giving the ordinance imposing the moratorium at least two readings that are not less than 28 days apart. Requires that the ordinance receive the affirmative vote of at least three-fourths of all members of the governing body on final reading in order to take effect. Prohibits the municipality, if the governing body fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, from adopting the ordinance.
Deletes existing text requiring the municipality, within 12 days after the date of the first public hearing, to make a final determination on the imposition of a moratorium. Deletes existing text requiring that the ordinance, before an ordinance adopting a moratorium is authorized to be imposed, be given at least two readings by the governing body of the municipality. Deletes existing text requiring that the readings be separated by at least four days. Deletes existing text providing that, if the municipality fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, an ordinance imposing a moratorium is prohibited from being adopted, and the temporary moratorium imposed under Subsection (c) expires.
SECTION 2. Amends Section 212.1362, Local Government Code, as follows:
Sec. 212.1362. New heading: EXPIRATION OF MORATORIUM; EXTENSION. (a) Provides that a moratorium adopted under this subchapter, rather than a moratorium on commercial property adopted under Section 212.1352 (Justification for Commercial Moratorium in Certain Circumstances; Written Findings Required), expires on the 90th day after the date the moratorium is adopted unless the governing body of the municipality extends the moratorium by holding a public hearing on the proposed extension of the moratorium and adopting written findings that include certain information.
(b) Prohibits a municipality from adopting a moratorium under this subchapter that exceeds an aggregate of 180 days or, before the second anniversary of the expiration date of a previous moratorium if the subsequent moratorium addresses the same harm, affects the same type of property, rather than commercial property, or affects the same geographical area identified by the previous moratorium. Makes conforming and nonsubstantive changes.
SECTION 3. Repealers: Sections 212.134(d) (relating to requiring that one public hearing be held before the governing body of the municipality) and (e) (relating to requiring that, if a general-law municipality does not having zoning commission, be held before the governing body, two public hearings be separated by at least four days), Local Government Code.
Repealer: Section 212.136 (Expiration of Moratorium; Extension), Local Government Code.
SECTION 4. Effective date: September 1, 2025.