Campbell Notice Bill Stretches Zoning Protest Zone To 1,500 Feet

The text as introduced · 697 words

89R5113 DNC-D

By: Campbell
S.B. No. 1160

A BILL TO BE ENTITLED

AN ACT

relating to notice of changes to municipal zoning regulations and

boundaries.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 211.006(a) and (d), Local Government

Code, are 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 30th [ 15th ] day before the date of the hearing, notice of

the time and place of the hearing must be published in :

(1) an official newspaper ;

(2) a newspaper designated for publication of notices

by the governing body of the municipality; or

(3) a newspaper that has a mailed or delivered

circulation of at least 51 percent of the residences in the

municipality [ or a newspaper of general circulation in the

municipality ].

(d) If a proposed change to a regulation or boundary is

protested in accordance with this subsection, the proposed change

must receive, in order to take effect, the affirmative vote of at

least three-fourths of all members of the governing body. The

protest must be written and signed by the owners of at least 20

percent of either:

(1) the area of the lots or land covered by the

proposed change; or

(2) the area of the lots or land immediately adjoining

the area covered by the proposed change and extending 1,500 [ 200 ]

feet from that area.

SECTION 2. Section 211.007, Local Government Code, is

amended by amending Subsections (c) and (c-1) to read as follows:

(c) Before the 30th [ 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 located inside or outside the

boundaries of the municipality that is within 1,500 [ 200 ] feet of

the property on which the change in classification is proposed. The

notice may be served by its deposit in the municipality, properly

addressed with postage paid, in the United States mail. If the

property within 1,500 [ 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 shall be given in the manner provided by Section

211.006(a).

(c-1) Before the 30th [ 10th ] day before the hearing date,

written notice of each public hearing before the zoning commission

on a proposed change in a zoning classification affecting

residential or multifamily zoning shall be sent :

(1) by its deposit in the municipality, properly

addressed with postage paid, in the United States mail to :

(A) each school district in which the property

for which the change in classification is proposed is located ; and

(B) each open-enrollment charter school and

general hospital, as defined by Section 241.003, Health and Safety

Code, within 1,500 feet of the property on which the change is

proposed; and

(2) to the fire department and police department of

the municipality [ . The notice may be served by its deposit in the

municipality, properly addressed with postage paid, in the United

States mail ].

SECTION 3. The change in law made by this Act applies only

to notice of a proposal to change a municipal zoning regulation or

zoning district boundary given on or after the effective date of

this Act. A proposal to change a municipal zoning regulation or

zoning district boundary for which notice is given before the

effective date of this Act is governed by the law in effect on the

date the notice was given, and the former law is continued in effect

for that purpose.

SECTION 4. This Act takes effect September 1, 2025.