Texas 2025 - 89th Regular

Texas House Bill HB2687 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8632 MP-D
2	2	By: Guillen H.B. No. 2687
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal zoning regulations and district boundaries.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 211, Local Government
12	12	Code, is amended by adding Section 211.0025 to read as follows:
13	13	Sec. 211.0025. ZONING REGULATION INCLUDES ZONING
14	14	CLASSIFICATION. For purposes of this chapter, a reference to a
15	15	zoning regulation includes a zoning classification.
16	16	SECTION 2. Sections 211.007(c) and (d), Local Government
17	17	Code, are amended to read as follows:
18	18	(c) Before the 10th day before the hearing date, written
19	19	notice of each public hearing before the zoning commission on a
20	20	proposed change in a zoning classification shall be sent to each
21	21	owner, as indicated by the most recently approved municipal tax
22	22	roll, of real property within 200 feet of the property on which the
23	23	change in classification is proposed. The notice must [may] be
24	24	served by certified mail, return receipt requested, and [its
25	25	deposit in the municipality,] properly addressed with postage paid,
26	26	and if the commission or municipality maintains a publicly
27	27	accessible Internet website, by posting the notice on that website
28	28	[in the United States mail]. If the property within 200 feet of the
29	29	property on which the change is proposed is located in territory
30	30	annexed to the municipality and is not included on the most recently
31	31	approved municipal tax roll, the notice must [shall] be given in the
32	32	manner provided by Section 211.006(a). For purposes of this
33	33	subsection, a proposed change in a zoning classification includes
34	34	any change to a zoning district boundary or regulation under a
35	35	zoning classification, including a regulation described by Section
36	36	211.003.
37	37	(d) The governing body of a home-rule municipality may, by a
38	38	two-thirds vote, prescribe the type of notice to be given of the
39	39	time and place of a public hearing held jointly by the governing
40	40	body and the zoning commission. If notice requirements are
41	41	prescribed under this subsection, the notice requirements
42	42	prescribed by Subsection [Subsections] (b) [and (c)] and by Section
43	43	211.006(a) do not apply.
44	44	SECTION 3. Subchapter A, Chapter 211, Local Government
45	45	Code, is amended by adding Sections 211.0155 and 211.020 to read as
46	46	follows:
47	47	Sec. 211.0155. RECONSIDERATION OF ZONING REGULATION OR
48	48	DISTRICT BOUNDARY. (a) The governing body of a municipality shall
49	49	conduct a public hearing to reconsider a zoning regulation or
50	50	district boundary adopted under this chapter if, not later than the
51	51	second anniversary of the date the regulation or boundary took
52	52	effect, the governing body receives a petition signed by the owners
53	53	of at least 40 percent of either:
54	54	(1) the area of the lots or land covered by the
55	55	regulation or boundary; or
56	56	(2) the area of the lots or land immediately adjoining
57	57	the area covered by the regulation or boundary and extending 200
58	58	feet from that area.
59	59	(b) A zoning regulation or district boundary reconsidered
60	60	under this section must receive the affirmative vote of at least
61	61	three-fourths of all members of the governing body to remain in
62	62	effect. If the regulation or boundary does not receive the votes
63	63	necessary to remain in effect, as applicable on the date the hearing
64	64	is conducted:
65	65	(1) the regulation is void and unenforceable; or
66	66	(2) the boundary reverts to the boundary as it existed
67	67	before the boundary change that is reconsidered.
68	68	Sec. 211.020. ACTION FOR NONCOMPLIANCE WITH PROCEDURAL
69	69	REQUIREMENTS. (a) A landowner or resident of a municipality may
70	70	bring an action against the municipality in a district court for
71	71	declaratory relief on the grounds that the municipality or the
72	72	municipality's zoning commission violated a procedural requirement
73	73	of this subchapter.
74	74	(b) If the court determines in an action brought under this
75	75	section that the municipality or commission violated a procedural
76	76	requirement of this subchapter:
77	77	(1) the municipality may not receive economic
78	78	development money from the state for the five state fiscal years
79	79	following the state fiscal year in which the determination is made;
80	80	and
81	81	(2) either, as applicable on the date the court makes
82	82	the determination:
83	83	(A) the zoning regulation that is the basis for
84	84	the action is void and unenforceable; or
85	85	(B) the zoning district boundary that is the
86	86	basis for the action reverts to the boundary as it existed before
87	87	the boundary change that is the basis for the action.
88	88	(c) The comptroller shall adopt rules to implement this
89	89	section uniformly among the state agencies from which state
90	90	economic development money is distributed to a municipality.
91	91	(d) A prevailing claimant may recover court costs and
92	92	reasonable and necessary attorney's fees incurred in bringing an
93	93	action under this section.
94	94	(e) The actions and remedies provided by this section are
95	95	not exclusive and are in addition to any other action or remedy
96	96	provided by law, including Section 211.011.
97	97	(f) A municipality's governmental immunity from suit is
98	98	waived in regard to an action brought under this section.
99	99	SECTION 4. (a) Section 211.007(c), Local Government Code,
100	100	as amended by this Act, applies only to a change to a zoning
101	101	classification for which notice is provided on or after the
102	102	effective date of this Act. A change to a zoning classification for
103	103	which notice was provided before the effective date of this Act is
104	104	governed by the law in effect on the date the notice was provided,
105	105	and the former law is continued in effect for that purpose.
106	106	(b) Section 211.0155, Local Government Code, as added by
107	107	this Act, applies only to a zoning regulation or district boundary
108	108	adopted on or after the effective date of this Act.
109	109	(c) Section 211.020, Local Government Code, as added by this
110	110	Act, applies only to a violation of Subchapter A, Chapter 211, Local
111	111	Government Code, that occurs on or after the effective date of this
112	112	Act.
113	113	SECTION 5. This Act takes effect September 1, 2025.