Bill Text: TX SB1120 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to certain notice and protest provisions applicable to municipal zoning changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Local Government [SB1120 Detail]

Download: Texas-2021-SB1120-Introduced.html

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87R1207 SMT-D
By: Johnson S.B. No. 1120

A BILL TO BE ENTITLED
AN ACT
relating to certain notice and protest provisions applicable to
municipal zoning changes.
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, revising, and
enforcing the regulations and boundaries. The adoption of initial
zoning regulations and zoning district boundaries, a comprehensive
revision of the regulations or boundaries, or an amendment of a
regulation that applies uniformly across boundaries or areas of the
municipality [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 published in an official newspaper or a newspaper of
general circulation in the municipality.
(d) A [If a] proposed change to a regulation or boundary
that only affects an individual lot or a limited area of contiguous
lots or land may be [is] protested in accordance with this
subsection. If protested, 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 200 feet from
that area.
SECTION 2. Section 211.007(c), Local Government Code, is
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 of an individual
property or a limited area of contiguous properties 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 or area
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 200 feet of the property or area 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).
SECTION 3. The amendments made by this Act to Sections
211.006 and 211.007, Local Government Code, are a clarification of
existing law and do not imply that existing Sections 211.006 and
211.007, Local Government Code, may be construed as inconsistent
with those sections as amended by this Act.
SECTION 4. 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, 2021.