Texas 2025 - 89th Regular

Texas Senate Bill SB1882 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R12468 DNC-F
1	2		By: Bettencourt S.B. No. 1882
2		-	(In the Senate - Filed March 4, 2025; March 17, 2025, read
3		-	first time and referred to Committee on Local Government;
4		-	April 1, 2025, reported favorably by the following vote: Yeas 6,
5		-	Nays 1; April 1, 2025, sent to printer.)
6		-	Click here to see the committee vote
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the imposition by a municipality of a moratorium on
12	10		property development in certain circumstances.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Sections 212.134(b), (c), and (f), Local
15	13		Government Code, are amended to read as follows:
16	14		(b) A public hearing must provide municipal residents and
17	15		affected parties an opportunity to be heard. The municipality
18	16		shall, not later than the 30th day before the date of a hearing:
19	17		(1) [must] publish notice of the time and place of the
20	18		[a] hearing in a newspaper of general circulation in the
21	19		municipality; and
22	20		(2) send notice of the hearing by certified mail to any
23	21		person who has given written notice by certified or registered mail
24	22		to the municipal secretary requesting notice of the hearing within
25	23		two years preceding the date of adoption of the ordinance or
26	24		resolution setting the public hearing [on the fourth day before the
27	25		date of the hearing].
28	26		(c) The governing body of a municipality shall hold two
29	27		public hearings on a moratorium on property development proposed to
30	28		be adopted under this subchapter. The governing body may not hold
31	29		the second public hearing before the 30th day after the date of the
32	30		first public hearing [Beginning on the fifth business day after the
33	31		date a notice is published under Subsection (b), a temporary
34	32		moratorium takes effect. During the period of the temporary
35	33		moratorium, a municipality may stop accepting permits,
36	34		authorizations, and approvals necessary for the subdivision of,
37	35		site planning of, or construction on real property].
38	36		(f) Not later than the 12th day [Within 12 days] after the
39	37		date of the second [first] public hearing, the governing body of the
40	38		municipality shall begin [make] a final determination on the
41	39		imposition of a moratorium by giving the ordinance imposing the
42	40		moratorium at least two readings that are not less than 28 days
43	41		apart. The ordinance must receive the affirmative vote of at least
44	42		two-thirds of all members of the governing body on final reading in
45	43		order to take effect. [Before an ordinance adopting a moratorium
46	44		may be imposed, the ordinance must be given at least two readings by
47	45		the governing body of the municipality. The readings must be
48	46		separated by at least four days.] If the governing body
49	47		[municipality] fails to adopt an ordinance imposing a moratorium
50	48		within the period prescribed by this subsection, the municipality
51	49		may not adopt the [an] ordinance [imposing a moratorium may not be
52	50		adopted, and the temporary moratorium imposed under Subsection (c)
53	51		expires].
54	52		SECTION 2. Section 212.1362, Local Government Code, is
55	53		amended to read as follows:
56	54		Sec. 212.1362. EXPIRATION OF MORATORIUM [ON COMMERCIAL
57	55		PROPERTY IN CERTAIN CIRCUMSTANCES]; EXTENSION. (a) A moratorium
58	56		[on commercial property] adopted under this subchapter [Section
59	57		212.1352] expires on the 90th day after the date the moratorium is
60	58		adopted unless the governing body of the municipality extends the
61	59		moratorium by:
62	60		(1) holding a public hearing on the proposed extension
63	61		of the moratorium; and
64	62		(2) adopting written findings that:
65	63		(A) identify the problem requiring the need for
66	64		extending the moratorium;
67	65		(B) describe the reasonable progress made to
68	66		alleviate the problem;
69	67		(C) specify a definite duration for the renewal
70	68		period of the moratorium; and
71	69		(D) include a summary of evidence demonstrating
72	70		that the problem will be resolved within the extended duration of
73	71		the moratorium.
74	72		(b) A municipality may not adopt a moratorium [on commercial
75	73		property] under this subchapter:
76	74		(1) [Section 212.1352] that exceeds an aggregate of
77	75		180 days; or
78	76		(2) [. A municipality may not adopt a moratorium on
79	77		commercial property under Section 212.1352] before the second
80	78		anniversary of the expiration date of a previous moratorium if the
81	79		subsequent moratorium addresses the same harm, affects the same
82	80		type of [commercial] property, or affects the same geographical
83	81		area identified by the previous moratorium.
84	82		SECTION 3. The following provisions of the Local Government
85	83		Code are repealed:
86	84		(1) Sections 212.134(d) and (e); and
87	85		(2) Section 212.136.
88	86		SECTION 4. This Act takes effect September 1, 2025.
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