New notice and challenge rules for city zoning

The text as introduced · 1,002 words

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.