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89(R) HB 3572 - Introduced version - Bill Text
By: Guillen
H.B. No. 3572
A BILL TO BE ENTITLED
AN ACT
relating to municipal zoning regulations and district boundaries.
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 211.0025 to read as follows:
Sec.
211.0025.
ZONING REGULATION INCLUDES ZONING
CLASSIFICATION. For purposes of this chapter, a reference to a
zoning regulation includes a zoning classification.
SECTION 2. Sections 211.007(c) and (d), Local Government
Code, are amended to read as follows:
(c) Before the 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 within 200 feet of the property on which the
change in classification is proposed. The notice
must
[
may
] be
served by
certified mail, return receipt requested, and
[
its
deposit in the municipality,
] properly addressed with postage paid,
and if the commission or municipality maintains a publicly
accessible Internet website, by posting the notice on that website
[
in the United States mail
]. If the property within 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
must
[
shall
] be given in the
manner provided by Section 211.006(a).
For purposes of this
subsection, a proposed change in a zoning classification includes
any change to a zoning district boundary or regulation under a
zoning classification, including a regulation described by Section
211.003.
(d) The governing body of a home-rule municipality may, by a
two-thirds vote, prescribe the type of notice to be given of the
time and place of a public hearing held jointly by the governing
body and the zoning commission. If notice requirements are
prescribed under this subsection, the notice requirements
prescribed by
Subsection
[
Subsections
] (b) [
and (c)
] and by Section
211.006(a) do not apply.
SECTION 3. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Sections 211.0155 and 211.020 to read as
follows:
Sec.
211.0155.
RECONSIDERATION OF ZONING REGULATION OR
DISTRICT BOUNDARY. (a) The governing body of a municipality shall
conduct a public hearing to reconsider a zoning regulation or
district boundary adopted under this chapter if, not later than the
second anniversary of the date the regulation or boundary took
effect, the governing body receives a petition signed by the owners
of at least 40 percent of either:
(1)
the area of the lots or land covered by the
regulation or boundary; or
(2)
the area of the lots or land immediately adjoining
the area covered by the regulation or boundary and extending 200
feet from that area.
(b)
A zoning regulation or district boundary reconsidered
under this section must receive the affirmative vote of at least
three-fourths of all members of the governing body to remain in
effect.
If the regulation or boundary does not receive the votes
necessary to remain in effect, as applicable on the date the hearing
is conducted:
(1) the regulation is void and unenforceable; or
(2)
the boundary reverts to the boundary as it existed
before the boundary change that is reconsidered.
Sec.
211.020.
ACTION FOR NONCOMPLIANCE WITH PROCEDURAL
REQUIREMENTS. (a)
A landowner or resident of a municipality may
bring an action against the municipality in a district court for
declaratory relief on the grounds that the municipality or the
municipality's zoning commission violated a procedural requirement
of this subchapter in the adoption of a zoning regulation or zoning
district boundary.
(b)
If the court determines in an action brought under this
section that the municipality or commission violated a procedural
requirement of this subchapter then either:
(1)
the zoning regulation that is the basis for the
action is void and of no effect; or
(2)
the zoning district boundary that is the basis for
the action reverts to the boundary as it existed before the boundary
change that is the basis for the action.
(c)
The comptroller shall adopt rules to implement this
section uniformly among the state agencies from which state
economic development money is distributed to a municipality.
(d)
A prevailing claimant may recover court costs and
reasonable and necessary attorney's fees incurred in bringing an
action under this section.
(e)
The actions and remedies provided by this section are
not exclusive and are in addition to any other action or remedy
provided by law, including Section 211.011.
(f)
A municipality's governmental immunity from suit is
waived in regard to an action brought under this section.
SECTION 4. (a) Section 211.007(c), Local Government Code,
as amended by this Act, applies only to a change to a zoning
classification for which notice is provided on or after the
effective date of this Act. A change to a zoning classification for
which notice was provided before the effective date of this Act is
governed by the law in effect on the date the notice was provided,
and the former law is continued in effect for that purpose.
(b) Section 211.0155, Local Government Code, as added by
this Act, applies only to a zoning regulation or district boundary
adopted on or after the effective date of this Act.
(c) Section 211.020, Local Government Code, as added by this
Act, applies to a violation of Subchapter A, Chapter 211, Local
Government Code, that occurs before, on or after the effective date
of this Act, except that a final judgment for a violation that
exists on the effective date of this Act is unaffected by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.