89R5113 DNC-D
By: Campbell S.B. No. 1160
A BILL TO BE ENTITLED
AN ACT
relating to notice of changes to municipal zoning regulations and
boundaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 211.006(a) and (d), Local Government
Code, are amended to read as follows:
(a) The governing body of a municipality wishing to exercise
the authority relating to zoning regulations and zoning district
boundaries shall establish procedures for adopting and enforcing
the regulations and boundaries. A regulation or boundary is not
effective until after a public hearing on the matter at which
parties in interest and citizens have an opportunity to be heard.
Before the 30th [15th] day before the date of the hearing, notice of
the time and place of the hearing must be published in:
(1) an official newspaper;
(2) a newspaper designated for publication of notices
by the governing body of the municipality; or
(3) a newspaper that has a mailed or delivered
circulation of at least 51 percent of the residences in the
municipality [or a newspaper of general circulation in the
municipality].
(d) If a proposed change to a regulation or boundary is
protested in accordance with this subsection, the proposed change
must receive, in order to take effect, the affirmative vote of at
least three-fourths of all members of the governing body. The
protest must be written and signed by the owners of at least 20
percent of either:
(1) the area of the lots or land covered by the
proposed change; or
(2) the area of the lots or land immediately adjoining
the area covered by the proposed change and extending 1,500 [200]
feet from that area.
SECTION 2. Section 211.007, Local Government Code, is
amended by amending Subsections (c) and (c-1) to read as follows:
(c) Before the 30th [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 located inside or outside the
boundaries of the municipality that is within 1,500 [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. If the
property within 1,500 [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 30th [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:
(1) by its deposit in the municipality, properly
addressed with postage paid, in the United States mail to:
(A) each school district in which the property
for which the change in classification is proposed is located; and
(B) each open-enrollment charter school and
general hospital, as defined by Section 241.003, Health and Safety
Code, within 1,500 feet of the property on which the change is
proposed; and
(2) to the fire department and police department of
the municipality [. The notice may be served by its deposit in the
municipality, properly addressed with postage paid, in the United
States mail].
SECTION 3. The change in law made by this Act applies only
to notice of a proposal to change a municipal zoning regulation or
zoning district boundary given on or after the effective date of
this Act. A proposal to change a municipal zoning regulation or
zoning district boundary for which notice is given before the
effective date of this Act is governed by the law in effect on the
date the notice was given, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2025.