1 | 1 | | 89R5113 DNC-D |
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2 | 2 | | By: Campbell S.B. No. 1160 |
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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 notice of changes to municipal zoning regulations and |
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10 | 10 | | boundaries. |
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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. Sections 211.006(a) and (d), Local Government |
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13 | 13 | | Code, are amended to read as follows: |
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14 | 14 | | (a) The governing body of a municipality wishing to exercise |
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15 | 15 | | the authority relating to zoning regulations and zoning district |
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16 | 16 | | boundaries shall establish procedures for adopting and enforcing |
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17 | 17 | | the regulations and boundaries. A regulation or boundary is not |
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18 | 18 | | effective until after a public hearing on the matter at which |
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19 | 19 | | parties in interest and citizens have an opportunity to be heard. |
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20 | 20 | | Before the 30th [15th] day before the date of the hearing, notice of |
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21 | 21 | | the time and place of the hearing must be published in: |
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22 | 22 | | (1) an official newspaper; |
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23 | 23 | | (2) a newspaper designated for publication of notices |
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24 | 24 | | by the governing body of the municipality; or |
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25 | 25 | | (3) a newspaper that has a mailed or delivered |
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26 | 26 | | circulation of at least 51 percent of the residences in the |
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27 | 27 | | municipality [or a newspaper of general circulation in the |
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28 | 28 | | municipality]. |
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29 | 29 | | (d) If a proposed change to a regulation or boundary is |
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30 | 30 | | protested in accordance with this subsection, the proposed change |
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31 | 31 | | must receive, in order to take effect, the affirmative vote of at |
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32 | 32 | | least three-fourths of all members of the governing body. The |
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33 | 33 | | protest must be written and signed by the owners of at least 20 |
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34 | 34 | | percent of either: |
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35 | 35 | | (1) the area of the lots or land covered by the |
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36 | 36 | | proposed change; or |
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37 | 37 | | (2) the area of the lots or land immediately adjoining |
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38 | 38 | | the area covered by the proposed change and extending 1,500 [200] |
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39 | 39 | | feet from that area. |
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40 | 40 | | SECTION 2. Section 211.007, Local Government Code, is |
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41 | 41 | | amended by amending Subsections (c) and (c-1) to read as follows: |
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42 | 42 | | (c) Before the 30th [10th] day before the hearing date, |
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43 | 43 | | written notice of each public hearing before the zoning commission |
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44 | 44 | | on a proposed change in a zoning classification shall be sent to |
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45 | 45 | | each owner [, as indicated by the most recently approved municipal |
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46 | 46 | | tax roll,] of real property located inside or outside the |
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47 | 47 | | boundaries of the municipality that is within 1,500 [200] feet of |
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48 | 48 | | the property on which the change in classification is proposed. The |
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49 | 49 | | notice may be served by its deposit in the municipality, properly |
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50 | 50 | | addressed with postage paid, in the United States mail. If the |
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51 | 51 | | property within 1,500 [200] feet of the property on which the change |
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52 | 52 | | is proposed is located in territory annexed to the municipality and |
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53 | 53 | | is not included on the most recently approved municipal tax roll, |
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54 | 54 | | the notice shall be given in the manner provided by Section |
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55 | 55 | | 211.006(a). |
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56 | 56 | | (c-1) Before the 30th [10th] day before the hearing date, |
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57 | 57 | | written notice of each public hearing before the zoning commission |
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58 | 58 | | on a proposed change in a zoning classification affecting |
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59 | 59 | | residential or multifamily zoning shall be sent: |
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60 | 60 | | (1) by its deposit in the municipality, properly |
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61 | 61 | | addressed with postage paid, in the United States mail to: |
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62 | 62 | | (A) each school district in which the property |
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63 | 63 | | for which the change in classification is proposed is located; and |
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64 | 64 | | (B) each open-enrollment charter school and |
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65 | 65 | | general hospital, as defined by Section 241.003, Health and Safety |
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66 | 66 | | Code, within 1,500 feet of the property on which the change is |
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67 | 67 | | proposed; and |
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68 | 68 | | (2) to the fire department and police department of |
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69 | 69 | | the municipality [. The notice may be served by its deposit in the |
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70 | 70 | | municipality, properly addressed with postage paid, in the United |
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71 | 71 | | States mail]. |
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72 | 72 | | SECTION 3. The change in law made by this Act applies only |
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73 | 73 | | to notice of a proposal to change a municipal zoning regulation or |
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74 | 74 | | zoning district boundary given on or after the effective date of |
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75 | 75 | | this Act. A proposal to change a municipal zoning regulation or |
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76 | 76 | | zoning district boundary for which notice is given before the |
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77 | 77 | | effective date of this Act is governed by the law in effect on the |
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78 | 78 | | date the notice was given, and the former law is continued in effect |
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79 | 79 | | for that purpose. |
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80 | 80 | | SECTION 4. This Act takes effect September 1, 2025. |
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