SB1160 - Relating to notice of changes to municipal zoning regulations and boundaries.

  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.