Texas 2025 - 89th Regular

Texas House Bill HB2559 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R6197 DNC-F
2		-	By: Patterson~~, Ward Johnson, et al.~~ H.B. No. 2559
	2	+	By: Patterson H.B. No. 2559
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the imposition by a municipality of a moratorium on
10	10		property development in certain circumstances.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Sections 212.134(b), (c), and (f), Local
13	13		Government Code, are amended to read as follows:
14	14		(b) A public hearing must provide municipal residents and
15	15		affected parties an opportunity to be heard. The municipality
16	16		shall, not later than the 30th day before the date of a hearing:
17	17		(1) [must] publish notice of the time and place of the
18	18		[a] hearing in a newspaper of general circulation in the
19	19		municipality; and
20	20		(2) send notice of the hearing by certified mail to any
21	21		person who has given written notice by certified or registered mail
22	22		to the municipal secretary requesting notice of the hearing within
23	23		two years preceding the date of adoption of the ordinance or
24	24		resolution setting the public hearing [on the fourth day before the
25	25		date of the hearing].
26	26		(c) The governing body of a municipality shall hold two
27	27		public hearings on a moratorium on property development proposed to
28	28		be adopted under this subchapter. The governing body may not hold
29	29		the second public hearing before the 30th day after the date of the
30	30		first public hearing [Beginning on the fifth business day after the
31	31		date a notice is published under Subsection (b), a temporary
32	32		moratorium takes effect. During the period of the temporary
33	33		moratorium, a municipality may stop accepting permits,
34	34		authorizations, and approvals necessary for the subdivision of,
35	35		site planning of, or construction on real property].
36	36		(f) Not later than the 12th day [Within 12 days] after the
37	37		date of the second [first] public hearing, the governing body of the
38	38		municipality shall begin [make] a final determination on the
39	39		imposition of a moratorium by giving the ordinance imposing the
40	40		moratorium at least two readings that are not less than 28 days
41	41		apart. The ordinance must receive the affirmative vote of at least
42	42		three-fourths of all members of the governing body on final reading
43	43		in order to take effect. [Before an ordinance adopting a moratorium
44	44		may be imposed, the ordinance must be given at least two readings by
45	45		the governing body of the municipality. The readings must be
46	46		separated by at least four days.] If the governing body
47	47		[municipality] fails to adopt an ordinance imposing a moratorium
48	48		within the period prescribed by this subsection, the municipality
49	49		may not adopt the [an] ordinance [imposing a moratorium may not be
50	50		adopted, and the temporary moratorium imposed under Subsection (c)
51	51		expires].
52	52		SECTION 2. Section 212.1362, Local Government Code, is
53	53		amended to read as follows:
54	54		Sec. 212.1362. EXPIRATION OF MORATORIUM [ON COMMERCIAL
55	55		PROPERTY IN CERTAIN CIRCUMSTANCES]; EXTENSION. (a) A moratorium
56	56		[on commercial property] adopted under this subchapter [Section
57	57		212.1352] expires on the 90th day after the date the moratorium is
58	58		adopted unless the governing body of the municipality extends the
59	59		moratorium by:
60	60		(1) holding a public hearing on the proposed extension
61	61		of the moratorium; and
62	62		(2) adopting written findings that:
63	63		(A) identify the problem requiring the need for
64	64		extending the moratorium;
65	65		(B) describe the reasonable progress made to
66	66		alleviate the problem;
67	67		(C) specify a definite duration for the renewal
68	68		period of the moratorium; and
69	69		(D) include a summary of evidence demonstrating
70	70		that the problem will be resolved within the extended duration of
71	71		the moratorium.
72	72		(b) A municipality may not adopt a moratorium [on commercial
73	73		property] under this subchapter:
74	74		(1) [Section 212.1352] that exceeds an aggregate of
75	75		180 days; or
76	76		(2) [. A municipality may not adopt a moratorium on
77	77		commercial property under Section 212.1352] before the second
78	78		anniversary of the expiration date of a previous moratorium if the
79	79		subsequent moratorium addresses the same harm, affects the same
80	80		type of [commercial] property, or affects the same geographical
81	81		area identified by the previous moratorium.
82	82		SECTION 3. The following provisions of the Local Government
83	83		Code are repealed:
84	84		(1) Sections 212.134(d) and (e); and
85	85		(2) Section 212.136.
86	86		SECTION 4. This Act takes effect September 1, 2025.