Bill Text: TX HB3701 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a municipality's comprehensive development.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-05 - Left pending in committee [HB3701 Detail]
Download: Texas-2015-HB3701-Introduced.html
84R4876 JTS-F | ||
By: Guillen | H.B. No. 3701 |
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relating to a municipality's comprehensive development. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 211.004, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. (a) | ||
Zoning regulations must be adopted in accordance with a | ||
comprehensive plan for land use developed under Subchapter D, | ||
including a comprehensive plan or part of a plan that is associated | ||
with public infrastructure or mass transit, and must be designed | ||
to: | ||
(1) lessen congestion in the streets; | ||
(2) secure safety from fire, panic, and other dangers; | ||
(3) promote health and the general welfare; | ||
(4) provide adequate light and air; | ||
(5) prevent the overcrowding of land; | ||
(6) avoid undue concentration of population; or | ||
(7) facilitate the adequate provision of | ||
transportation, water, sewers, schools, parks, and other public | ||
requirements. | ||
(b) A comprehensive plan for land use developed under | ||
Subchapter D must allow the sale or development of property in | ||
accordance with the plan before the fifth anniversary of the date | ||
the plan is adopted or amended. | ||
SECTION 2. Chapter 211, Local Government Code, is amended | ||
by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. COMPREHENSIVE PLAN FOR LAND USE | ||
Sec. 211.101. DEFINITIONS. In this subchapter: | ||
(1) "Land use" means one or more uses of land | ||
designated for a tract or an area under a comprehensive plan for | ||
land use or a current or future land use plan or map. | ||
(2) "Landowner" means the current owner of record, but | ||
also includes a predecessor in interest. | ||
(3) "Tract" means all or a majority of the metes and | ||
bounds of a tract. | ||
Sec. 211.102. ADOPTION, AMENDMENT, AND REVIEW OF | ||
COMPREHENSIVE PLAN FOR LAND USE. (a) The governing body of a | ||
municipality shall adopt by resolution or ordinance a comprehensive | ||
plan for land use that details current and future land uses and | ||
serves as a basis for making planning or zoning decisions under this | ||
chapter. | ||
(b) In this subchapter, a comprehensive plan for land use | ||
includes a comprehensive plan or part of a plan that is associated | ||
with public infrastructure or mass transit. | ||
(c) The governing body of a municipality may amend the | ||
comprehensive plan for land use from time to time in accordance with | ||
this subchapter. | ||
(d) The governing body of a municipality shall review its | ||
comprehensive plan for land use not less than every five years. | ||
Sec. 211.103. INCORPORATION OF LAND USE ASSUMPTIONS. Land | ||
use assumptions adopted in a manner that complies with Subchapter | ||
C, Chapter 395, may be incorporated in a comprehensive plan for land | ||
use. | ||
Sec. 211.104. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map | ||
of a comprehensive plan for land use illustrating future land use | ||
must contain the following clearly visible statement: "A | ||
comprehensive plan does not constitute zoning regulations or | ||
establish zoning district boundaries." | ||
Sec. 211.105. ADVISORY COMMITTEE FOR ADOPTION, AMENDMENT, | ||
AND REVIEW OF COMPREHENSIVE PLAN FOR LAND USE. (a) The governing | ||
body of a municipality shall appoint an advisory committee to make | ||
recommendations regarding the adoption, amendment, or review of its | ||
comprehensive plan for land use. | ||
(b) The advisory committee is composed of at least five | ||
members appointed by a majority vote of the governing body. At | ||
least 40 percent of the membership of the advisory committee must be | ||
representatives of the real estate, development, or building | ||
industries who are not employees or officials of a political | ||
subdivision or governmental entity. | ||
(c) The meetings of the advisory committee shall be open to | ||
the public and conducted in accordance with Chapter 551, Government | ||
Code. | ||
(d) The municipality shall make available to the advisory | ||
committee professional reports concerning municipal planning and | ||
land uses. | ||
(e) In making recommendations regarding or while reviewing | ||
a comprehensive plan for land use, the advisory committee may | ||
receive information from the municipality, any interested | ||
landowner, or the general public. | ||
Sec. 211.106. ADVISORY COMMITTEE REPORT. (a) The advisory | ||
committee shall issue a written report to the governing body of the | ||
municipality detailing its findings and recommendations as to the | ||
adoption, amendment, or review of the comprehensive plan for land | ||
use. | ||
(b) The advisory committee's written report shall be made | ||
available to the municipality, each interested landowner, and the | ||
general public as soon as practicable after its receipt by the | ||
governing body of the municipality. | ||
Sec. 211.107. GOVERNING BODY ACTION ON ADVISORY COMMITTEE | ||
REPORT; PUBLIC HEARING. (a) Except as provided by Section 211.108, | ||
the governing body of the municipality may not adopt or amend the | ||
comprehensive plan for land use until the governing body conducts | ||
at least one public hearing on the recommendations made by the | ||
advisory committee. | ||
(b) Except as provided by Section 211.108, the governing | ||
body of the municipality may not adopt or amend the comprehensive | ||
plan for land use before the 30th day after the date the governing | ||
body receives the advisory committee's report, unless each of the | ||
landowners affected by the plan or amendment consents to the plan or | ||
amendment. | ||
(c) At the public hearing, a landowner may object to any | ||
land use applied to the landowner's tract by the comprehensive plan | ||
for land use. | ||
Sec. 211.108. PETITION TO GOVERNING BODY BY AFFECTED | ||
LANDOWNER FOR LESS INTENSE USE. (a) If a landowner's tract has not | ||
been sold or developed in conformity with a comprehensive plan for | ||
land use within five years after adoption or amendment of the plan, | ||
a landowner may petition the governing body of the municipality to | ||
designate the landowner's tract on the comprehensive plan for land | ||
use for a less intense use or uses chosen by the landowner. | ||
(b) The governing body of the municipality shall amend its | ||
comprehensive plan for land use in conformity with a landowner's | ||
petition under Subsection (a) not later than the 60th day after the | ||
date the landowner files the petition. | ||
(c) For purposes of this section, "less intense use" means a | ||
lower use on the following descending scale: | ||
(1) an industrial use; | ||
(2) a retail use; | ||
(3) an office use; | ||
(4) a multifamily residential use; and | ||
(5) a single-family residential use. | ||
Sec. 211.109. ENFORCEMENT OF LANDOWNER'S PETITION. (a) If | ||
the governing body of the municipality fails or refuses to amend the | ||
comprehensive plan for land use in accordance with a landowner's | ||
petition under Section 211.108, the landowner may file suit in the | ||
district court in the county where the tract is located to enforce | ||
the landowner's rights under that section. | ||
(b) The landowner's rights under Section 211.108 may be | ||
enforced by mandamus or declaratory or injunctive relief. | ||
(c) A prevailing landowner may recover reasonable | ||
attorney's fees, expert witness fees, and costs of court. | ||
SECTION 3. Section 213.002(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) A comprehensive plan under this chapter may: | ||
(1) include [ |
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(2) consist of a single plan or a coordinated set of | ||
plans organized by subject and geographic area; and | ||
(3) incorporate the comprehensive plan for land use | ||
required by Subchapter D, Chapter 211 [ |
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SECTION 4. Sections 213.002(c) and (d) and 213.005, Local | ||
Government Code, are repealed. | ||
SECTION 5. A landowner affected by a land use under a | ||
municipality's comprehensive plan for land use may file a petition | ||
under Section 211.108, Local Government Code, as added by this Act, | ||
on or after September 1, 2015, regardless of whether the land use | ||
provisions are incorporated in a comprehensive plan that was | ||
adopted before or after that date and regardless of whether the land | ||
use provisions are incorporated in a comprehensive plan that was | ||
adopted under Chapter 213, Local Government Code, as it existed | ||
before the effective date of this Act, or under Subchapter D, | ||
Chapter 211, Local Government Code, as added by this Act. | ||
SECTION 6. This Act takes effect September 1, 2015. |