By: Hughes S.B. No. 844
(In the Senate - Filed January 17, 2025; February 13, 2025,
read first time and referred to Committee on Local Government;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 1; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 844 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to procedures for changes to a zoning regulation or
district boundary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.0011 to read as follows:
Sec. 211.0011. DEFINITION. In this subchapter, "proposed
comprehensive zoning change" means a municipal proposal to:
(1) change an existing zoning regulation that:
(A) will have the effect of allowing more
residential development than the previous regulation; and
(B) will apply uniformly to each parcel in one or
more zoning districts;
(2) adopt a new zoning code or zoning map that will
apply to the entire municipality; or
(3) adopt a zoning overlay district that:
(A) will have the effect of allowing more
residential development than allowed without the overlay; and
(B) will include an area along a major roadway,
highway, or transit corridor.
SECTION 2. Section 211.006(a), Local Government Code, is
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 15th day before the date of the hearing, notice
of the time and place of the hearing must be:
(1) published in an official newspaper or a newspaper
of general circulation in the municipality; and
(2) if the municipality maintains an Internet website,
published on the municipality's Internet website.
SECTION 3. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.0061 to read as follows:
Sec. 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED
CHANGES. (a) This section applies only to a proposed change to a
zoning regulation or district boundary that is not a proposed
comprehensive zoning change.
(b) A protest of a proposed change to a zoning regulation or
district boundary must be written and signed by the owners of:
(1) at least 20 percent of the area of the lots or land
covered by the proposed change; or
(2) at least 60 percent of the area of the lots or land
immediately adjoining the area covered by the proposed change and
extending 200 feet from that area.
(d) If a proposed change to a regulation or district
boundary is protested in accordance with Subsection (b), the
proposed change must receive, in order to take effect, the
affirmative vote of at least:
(1) three-fourths of all members of the governing body
for a protest described by Subsection (b)(1); or
(2) a majority of all members of the governing body for
a protest described by Subsection (b)(2).
SECTION 4. Section 211.006(e), Local Government Code, is
transferred to Section 211.0061, Local Government Code, as added by
this Act, redesignated as Section 211.0061(c), Local Government
Code, and amended to read as follows:
(c) [(e)] In computing the percentage of land area under
Subsection (b):
(1) [(d),] the area of streets and alleys shall be
included; and
(2) the land area is not calculated individually for
each tract of land subject to a proposed change in a zoning
regulation or district boundary but in the aggregate for all tracts
of land subject to the change.
SECTION 5. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Sections 211.0063 and 211.0065 to read as
follows:
Sec. 211.0063. NOTICE FOR PROPOSED COMPREHENSIVE ZONING
CHANGES. The notice described by Section 211.006(a) or 211.007(d),
as applicable, and Section 211.006(a-1) is the only notice required
for a proposed comprehensive zoning change.
Sec. 211.0065. PRESUMPTION OF VALIDITY FOR CERTAIN CHANGES
TO ZONING REGULATIONS OR DISTRICT BOUNDARIES. A change to a zoning
regulation or district boundary that has the effect of allowing
more residential development than the previous regulation is
conclusively presumed valid and to have occurred in accordance with
all applicable statutes and ordinances if an action to annul or
invalidate the change has not been filed before the 60th day after
the effective date of the change.
SECTION 6. Sections 211.006(d) and (f), Local Government
Code, are repealed.
SECTION 7. The changes in law made by this Act apply only to
a proposal to change a municipal zoning regulation or district
boundary made on or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2025.
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