| 1 | 1 | | 89R13083 DNC-F |
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| 2 | 2 | | By: Bonnen H.B. No. 4506 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to electronic delivery of notice for certain municipal |
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| 10 | 10 | | zoning changes. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 211.006(a-1), Local Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a-1) In addition to any notice required by this section or |
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| 15 | 15 | | Section 211.007, the governing body of a municipality or a zoning |
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| 16 | 16 | | commission, as applicable, shall provide written notice of each |
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| 17 | 17 | | public hearing regarding any proposed adoption of or change to a |
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| 18 | 18 | | zoning regulation or boundary under which a current conforming use |
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| 19 | 19 | | of a property is a nonconforming use if the regulation or boundary |
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| 20 | 20 | | is adopted or changed. The notice must: |
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| 21 | 21 | | (1) be mailed by United States mail or delivered |
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| 22 | 22 | | electronically to each owner of real or business personal property |
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| 23 | 23 | | where the proposed nonconforming use is located as indicated by the |
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| 24 | 24 | | most recently approved municipal tax roll and each occupant of the |
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| 25 | 25 | | property not later than the 10th day before the hearing date; |
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| 26 | 26 | | (2) contain the time and place of the hearing; and |
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| 27 | 27 | | (3) include the following text in bold 14-point type |
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| 28 | 28 | | or larger: |
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| 29 | 29 | | "THE [MUNICIPALITY NAME] IS HOLDING A HEARING THAT WILL |
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| 30 | 30 | | DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR |
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| 31 | 31 | | PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY." |
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| 32 | 32 | | SECTION 2. Sections 211.007(c) and (c-1), Local Government |
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| 33 | 33 | | Code, are amended to read as follows: |
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| 34 | 34 | | (c) Before the 10th day before the hearing date, written |
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| 35 | 35 | | notice of each public hearing before the zoning commission on a |
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| 36 | 36 | | proposed change in a zoning classification shall be sent to each |
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| 37 | 37 | | owner, as indicated by the most recently approved municipal tax |
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| 38 | 38 | | roll, of real property within 200 feet of the property on which the |
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| 39 | 39 | | change in classification is proposed. The notice may be served by |
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| 40 | 40 | | its deposit in the municipality, properly addressed with postage |
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| 41 | 41 | | paid, in the United States mail or by electronic delivery. If the |
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| 42 | 42 | | property within 200 feet of the property on which the change is |
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| 43 | 43 | | proposed is located in territory annexed to the municipality and is |
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| 44 | 44 | | not included on the most recently approved municipal tax roll, the |
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| 45 | 45 | | notice shall be given in the manner provided by Section 211.006(a). |
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| 46 | 46 | | (c-1) Before the 10th day before the hearing date, written |
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| 47 | 47 | | notice of each public hearing before the zoning commission on a |
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| 48 | 48 | | proposed change in a zoning classification affecting residential or |
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| 49 | 49 | | multifamily zoning shall be sent to each school district in which |
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| 50 | 50 | | the property for which the change in classification is proposed is |
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| 51 | 51 | | located. The notice may be served by its deposit in the |
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| 52 | 52 | | municipality, properly addressed with postage paid, in the United |
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| 53 | 53 | | States mail or by electronic delivery. |
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| 54 | 54 | | SECTION 3. Subchapter A, Chapter 211, Local Government |
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| 55 | 55 | | Code, is amended by adding Section 211.020 to read as follows: |
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| 56 | 56 | | Sec. 211.020. ELECTRONIC DELIVERY OF NOTICE. (a) A |
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| 57 | 57 | | municipality may deliver notice electronically under this chapter |
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| 58 | 58 | | only if the recipient elects to receive notice electronically under |
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| 59 | 59 | | Subsection (b). |
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| 60 | 60 | | (b) A municipality that intends to deliver notice |
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| 61 | 61 | | electronically under this chapter shall establish an online portal |
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| 62 | 62 | | on the municipality's Internet website through which a notice |
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| 63 | 63 | | recipient may: |
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| 64 | 64 | | (1) elect to receive notice electronically under this |
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| 65 | 65 | | chapter; and |
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| 66 | 66 | | (2) manage preferences for receiving notice |
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| 67 | 67 | | electronically under this chapter. |
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| 68 | 68 | | (c) A municipality may deliver notice electronically by |
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| 69 | 69 | | e-mail or text message. |
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| 70 | 70 | | SECTION 4. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2025. |
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