Relating to procedures for changes to a zoning regulation or district boundary.

89(R) SB 844 - House Committee Report version - Bill Text

By: Hughes, et al.

S.B. No. 844

(Orr, Hickland, Vasut, Lopez of Bexar, Lalani, et al.)

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;

(2)

except as provided by Subdivision (3), 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; or

(3)

at least 20 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 if the proposed change will have

the effect of allowing for the use of a building or structure for

the operation of any form of gambling or sports wagering.

(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 (3); 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.