89R13083 DNC-F
By: Bonnen H.B. No. 4506
A BILL TO BE ENTITLED
AN ACT
relating to electronic delivery of notice for certain municipal
zoning changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.006(a-1), Local Government Code, is
amended to read as follows:
(a-1) In addition to any notice required by this section or
Section 211.007, the governing body of a municipality or a zoning
commission, as applicable, shall provide written notice of each
public hearing regarding any proposed adoption of or change to a
zoning regulation or boundary under which a current conforming use
of a property is a nonconforming use if the regulation or boundary
is adopted or changed. The notice must:
(1) be mailed by United States mail or delivered
electronically to each owner of real or business personal property
where the proposed nonconforming use is located as indicated by the
most recently approved municipal tax roll and each occupant of the
property not later than the 10th day before the hearing date;
(2) contain the time and place of the hearing; and
(3) include the following text in bold 14-point type
or larger:
"THE [MUNICIPALITY NAME] IS HOLDING A HEARING THAT WILL
DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR
PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
SECTION 2. Sections 211.007(c) and (c-1), Local Government
Code, are amended to read as follows:
(c) Before the 10th day before the hearing date, written
notice of each public hearing before the zoning commission on a
proposed change in a zoning classification shall be sent to each
owner, as indicated by the most recently approved municipal tax
roll, of real property within 200 feet of the property on which the
change in classification is proposed. The notice may be served by
its deposit in the municipality, properly addressed with postage
paid, in the United States mail or by electronic delivery. If the
property within 200 feet of the property on which the change is
proposed is located in territory annexed to the municipality and is
not included on the most recently approved municipal tax roll, the
notice shall be given in the manner provided by Section 211.006(a).
(c-1) Before the 10th day before the hearing date, written
notice of each public hearing before the zoning commission on a
proposed change in a zoning classification affecting residential or
multifamily zoning shall be sent to each school district in which
the property for which the change in classification is proposed is
located. The notice may be served by its deposit in the
municipality, properly addressed with postage paid, in the United
States mail or by electronic delivery.
SECTION 3. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.020 to read as follows:
Sec. 211.020. ELECTRONIC DELIVERY OF NOTICE. (a) A
municipality may deliver notice electronically under this chapter
only if the recipient elects to receive notice electronically under
Subsection (b).
(b) A municipality that intends to deliver notice
electronically under this chapter shall establish an online portal
on the municipality's Internet website through which a notice
recipient may:
(1) elect to receive notice electronically under this
chapter; and
(2) manage preferences for receiving notice
electronically under this chapter.
(c) A municipality may deliver notice electronically by
e-mail or text message.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.