89R3967 SCL-F     By: Orr H.B. No. 24       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.