The text as introduced · 968 words
89R3967 SCL-F
By: Hughes
S.B. No. 844
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 211.0061 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:
(1) requested by an owner of real property that is
subject to the proposed change; or
(2) initiated by a municipality that has the effect of
making residential development more restrictive than the previous
regulation.
(b) A protest of a proposed change to a zoning regulation or
district boundary must be written and signed by the owners of at
least 60 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 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 2. 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) [ (d) ], the area of streets and alleys shall be
included.
SECTION 3. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Sections 211.0063, 211.0064, 211.0065,
211.0067, and 211.0069 to read as follows:
Sec. 211.0063. NOTICE FOR OTHER PROPOSED CHANGES. The
notice described by Section 211.006(a) or 211.007(d), as
applicable, is the only notice required for a proposed change to a
zoning regulation or district boundary that is not described by
Section 211.0061(a).
Sec. 211.0064. CIVIL ACTION TO COMPEL ADOPTION OF OTHER
PROPOSED CHANGES. (a) The following persons may bring an action
against a municipality for declaratory and injunctive relief to
compel the municipality to adopt a proposed change to a zoning
regulation or district boundary that is not described by Section
211.0061(a):
(1) a person who applies for a change to a zoning
regulation or district boundary applicable to the area subject to
the proposed change;
(2) a person eligible to apply for residency in a
housing development project in the area subject to the proposed
change; or
(3) a nonprofit organization.
(b) In an action brought under Subsection (a), a court
shall:
(1) ensure that its order or judgment is implemented;
and
(2) award a prevailing claimant reasonable attorney's
fees and costs incurred in bringing the action.
(c) Notwithstanding any other law, including Chapter 15,
Civil Practice and Remedies Code, an action brought under
Subsection (a) may be brought in:
(1) the county in which all or a substantial part of
the events or omissions giving rise to the claim occurred;
(2) the county of residence for any one of the natural
person defendants at the time the cause of action accrued;
(3) the county of the principal office in this state of
any one of the defendants that is not a natural person; or
(4) the county of residence for the claimant if the
claimant is a natural person residing in this state.
(d) If an action is brought under Subsection (a) in any one
of the venues described by Subsection (c), the action may not be
transferred to a different venue without the written consent of all
parties.
(e) Notwithstanding any other law, the Fifteenth Court of
Appeals has exclusive intermediate appellate jurisdiction over an
action brought under Subsection (a).
Sec. 211.0065. PRESUMPTION OF VALIDITY FOR LESS RESTRICTIVE
OTHER PROPOSED CHANGES. (a) This section applies only to a
proposed change to a zoning regulation or district boundary that:
(1) is not described by Section 211.0061(a); and
(2) has the effect of making residential development
less restrictive than the previous regulation.
(b) A proposed change 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.
Sec. 211.0067. ATTORNEY GENERAL ENFORCEMENT OF PROPOSED
CHANGE PROVISIONS. (a) In this section:
(1) "No-new-revenue tax rate" means the
no-new-revenue tax rate calculated under Chapter 26, Tax Code.
(2) "Tax year" has the meaning assigned by Section
1.04, Tax Code.
(b) A person may submit a complaint to the attorney general
of a suspected violation of Section 211.0061, 211.0063, or
211.0065.
(c) Notwithstanding any other law, if the attorney general
determines that a municipality has violated Section 211.0061,
211.0063, or 211.0065, the municipality may not adopt an ad valorem
tax rate that exceeds the municipality's no-new-revenue tax rate
for the three tax years that begin on or after the date of the
determination.
Sec. 211.0069. EFFECT OF PROPOSED CHANGE PROVISIONS ON
CERTAIN RULES AND RESTRICTIONS. Sections 211.0061, 211.0063,
211.0064, 211.0065, and 211.0067 do not limit the applicability of
a historic preservation rule, deed restriction, or homeowners
association rule.
SECTION 4. Section 211.006(d), Local Government Code, is
repealed.
SECTION 5. 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 6. This Act takes effect September 1, 2025.
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