Texas 2025 - 89th Regular

Texas House Bill HB3572 Compare Versions

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1	1	By: Guillen H.B. No. 3572
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to municipal zoning regulations and district boundaries.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 211, Local Government
11	11	Code, is amended by adding Section 211.0025 to read as follows:
12	12	Sec. 211.0025. ZONING REGULATION INCLUDES ZONING
13	13	CLASSIFICATION. For purposes of this chapter, a reference to a
14	14	zoning regulation includes a zoning classification.
15	15	SECTION 2. Sections 211.007(c) and (d), Local Government
16	16	Code, are amended to read as follows:
17	17	(c) Before the 10th day before the hearing date, written
18	18	notice of each public hearing before the zoning commission on a
19	19	proposed change in a zoning classification shall be sent to each
20	20	owner, as indicated by the most recently approved municipal tax
21	21	roll, of real property within 200 feet of the property on which the
22	22	change in classification is proposed. The notice must [may] be
23	23	served by certified mail, return receipt requested, and [its
24	24	deposit in the municipality,] properly addressed with postage paid,
25	25	and if the commission or municipality maintains a publicly
26	26	accessible Internet website, by posting the notice on that website
27	27	[in the United States mail]. If the property within 200 feet of the
28	28	property on which the change is proposed is located in territory
29	29	annexed to the municipality and is not included on the most recently
30	30	approved municipal tax roll, the notice must [shall] be given in the
31	31	manner provided by Section 211.006(a). For purposes of this
32	32	subsection, a proposed change in a zoning classification includes
33	33	any change to a zoning district boundary or regulation under a
34	34	zoning classification, including a regulation described by Section
35	35	211.003.
36	36	(d) The governing body of a home-rule municipality may, by a
37	37	two-thirds vote, prescribe the type of notice to be given of the
38	38	time and place of a public hearing held jointly by the governing
39	39	body and the zoning commission. If notice requirements are
40	40	prescribed under this subsection, the notice requirements
41	41	prescribed by Subsection [Subsections] (b) [and (c)] and by Section
42	42	211.006(a) do not apply.
43	43	SECTION 3. Subchapter A, Chapter 211, Local Government
44	44	Code, is amended by adding Sections 211.0155 and 211.020 to read as
45	45	follows:
46	46	Sec. 211.0155. RECONSIDERATION OF ZONING REGULATION OR
47	47	DISTRICT BOUNDARY. (a) The governing body of a municipality shall
48	48	conduct a public hearing to reconsider a zoning regulation or
49	49	district boundary adopted under this chapter if, not later than the
50	50	second anniversary of the date the regulation or boundary took
51	51	effect, the governing body receives a petition signed by the owners
52	52	of at least 40 percent of either:
53	53	(1) the area of the lots or land covered by the
54	54	regulation or boundary; or
55	55	(2) the area of the lots or land immediately adjoining
56	56	the area covered by the regulation or boundary and extending 200
57	57	feet from that area.
58	58	(b) A zoning regulation or district boundary reconsidered
59	59	under this section must receive the affirmative vote of at least
60	60	three-fourths of all members of the governing body to remain in
61	61	effect. If the regulation or boundary does not receive the votes
62	62	necessary to remain in effect, as applicable on the date the hearing
63	63	is conducted:
64	64	(1) the regulation is void and unenforceable; or
65	65	(2) the boundary reverts to the boundary as it existed
66	66	before the boundary change that is reconsidered.
67	67	Sec. 211.020. ACTION FOR NONCOMPLIANCE WITH PROCEDURAL
68	68	REQUIREMENTS. (a) A landowner or resident of a municipality may
69	69	bring an action against the municipality in a district court for
70	70	declaratory relief on the grounds that the municipality or the
71	71	municipality's zoning commission violated a procedural requirement
72	72	of this subchapter in the adoption of a zoning regulation or zoning
73	73	district boundary.
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 then either:
77	77	(1) the zoning regulation that is the basis for the
78	78	action is void and of no effect; or
79	79	(2) the zoning district boundary that is the basis for
80	80	the action reverts to the boundary as it existed before the boundary
81	81	change that is the basis for the action.
82	82	(c) The comptroller shall adopt rules to implement this
83	83	section uniformly among the state agencies from which state
84	84	economic development money is distributed to a municipality.
85	85	(d) A prevailing claimant may recover court costs and
86	86	reasonable and necessary attorney's fees incurred in bringing an
87	87	action under this section.
88	88	(e) The actions and remedies provided by this section are
89	89	not exclusive and are in addition to any other action or remedy
90	90	provided by law, including Section 211.011.
91	91	(f) A municipality's governmental immunity from suit is
92	92	waived in regard to an action brought under this section.
93	93	SECTION 4. (a) Section 211.007(c), Local Government Code,
94	94	as amended by this Act, applies only to a change to a zoning
95	95	classification for which notice is provided on or after the
96	96	effective date of this Act. A change to a zoning classification for
97	97	which notice was provided before the effective date of this Act is
98	98	governed by the law in effect on the date the notice was provided,
99	99	and the former law is continued in effect for that purpose.
100	100	(b) Section 211.0155, Local Government Code, as added by
101	101	this Act, applies only to a zoning regulation or district boundary
102	102	adopted on or after the effective date of this Act.
103	103	(c) Section 211.020, Local Government Code, as added by this
104	104	Act, applies to a violation of Subchapter A, Chapter 211, Local
105	105	Government Code, that occurs before, on or after the effective date
106	106	of this Act, except that a final judgment for a violation that
107	107	exists on the effective date of this Act is unaffected by this Act.
108	108	SECTION 5. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2025.