Texas 2025 - 89th Regular

Texas Senate Bill SB1160 Compare Versions

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11 89R5113 DNC-D
22 By: Campbell S.B. No. 1160
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to notice of changes to municipal zoning regulations and
1010 boundaries.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 211.006(a) and (d), Local Government
1313 Code, are amended to read as follows:
1414 (a) The governing body of a municipality wishing to exercise
1515 the authority relating to zoning regulations and zoning district
1616 boundaries shall establish procedures for adopting and enforcing
1717 the regulations and boundaries. A regulation or boundary is not
1818 effective until after a public hearing on the matter at which
1919 parties in interest and citizens have an opportunity to be heard.
2020 Before the 30th [15th] day before the date of the hearing, notice of
2121 the time and place of the hearing must be published in:
2222 (1) an official newspaper;
2323 (2) a newspaper designated for publication of notices
2424 by the governing body of the municipality; or
2525 (3) a newspaper that has a mailed or delivered
2626 circulation of at least 51 percent of the residences in the
2727 municipality [or a newspaper of general circulation in the
2828 municipality].
2929 (d) If a proposed change to a regulation or boundary is
3030 protested in accordance with this subsection, the proposed change
3131 must receive, in order to take effect, the affirmative vote of at
3232 least three-fourths of all members of the governing body. The
3333 protest must be written and signed by the owners of at least 20
3434 percent of either:
3535 (1) the area of the lots or land covered by the
3636 proposed change; or
3737 (2) the area of the lots or land immediately adjoining
3838 the area covered by the proposed change and extending 1,500 [200]
3939 feet from that area.
4040 SECTION 2. Section 211.007, Local Government Code, is
4141 amended by amending Subsections (c) and (c-1) to read as follows:
4242 (c) Before the 30th [10th] day before the hearing date,
4343 written notice of each public hearing before the zoning commission
4444 on a proposed change in a zoning classification shall be sent to
4545 each owner [, as indicated by the most recently approved municipal
4646 tax roll,] of real property located inside or outside the
4747 boundaries of the municipality that is within 1,500 [200] feet of
4848 the property on which the change in classification is proposed. The
4949 notice may be served by its deposit in the municipality, properly
5050 addressed with postage paid, in the United States mail. If the
5151 property within 1,500 [200] feet of the property on which the change
5252 is proposed is located in territory annexed to the municipality and
5353 is not included on the most recently approved municipal tax roll,
5454 the notice shall be given in the manner provided by Section
5555 211.006(a).
5656 (c-1) Before the 30th [10th] day before the hearing date,
5757 written notice of each public hearing before the zoning commission
5858 on a proposed change in a zoning classification affecting
5959 residential or multifamily zoning shall be sent:
6060 (1) by its deposit in the municipality, properly
6161 addressed with postage paid, in the United States mail to:
6262 (A) each school district in which the property
6363 for which the change in classification is proposed is located; and
6464 (B) each open-enrollment charter school and
6565 general hospital, as defined by Section 241.003, Health and Safety
6666 Code, within 1,500 feet of the property on which the change is
6767 proposed; and
6868 (2) to the fire department and police department of
6969 the municipality [. The notice may be served by its deposit in the
7070 municipality, properly addressed with postage paid, in the United
7171 States mail].
7272 SECTION 3. The change in law made by this Act applies only
7373 to notice of a proposal to change a municipal zoning regulation or
7474 zoning district boundary given on or after the effective date of
7575 this Act. A proposal to change a municipal zoning regulation or
7676 zoning district boundary for which notice is given before the
7777 effective date of this Act is governed by the law in effect on the
7878 date the notice was given, and the former law is continued in effect
7979 for that purpose.
8080 SECTION 4. This Act takes effect September 1, 2025.