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Texas Local Government Code - LOC GOV'T § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries

Current as of January 01, 2024 | Updated by Findlaw Staff

(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 15th day before the date of the hearing, notice of the time and place of the hearing must be:

(1) published in an official newspaper or a newspaper of general circulation in the municipality;  and

(2) if the municipality maintains an Internet website, published on the municipality's Internet website.

(a-1) In addition to any notice required by this section or Section 211.007, the governing body of a municipality or a zoning commission, as applicable, shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed.  The notice must:

(1) be mailed by United States mail or delivered electronically to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;

(2) contain the time and place of the hearing;  and

(3) include the following text in bold 14-point type or larger:

“THE [MUNICIPALITY NAME] IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE.  PLEASE READ THIS NOTICE CAREFULLY.”

(b) In addition to the notice required by Subsection (a), a general-law municipality that does not have a zoning commission shall give notice of a proposed change in a zoning classification to each property owner who would be entitled to notice under Section 211.007(c) if the municipality had a zoning commission.  That notice must be given in the same manner as required for notice to property owners under Section 211.007(c).  The governing body may not adopt the proposed change until after the 30th day after the date the notice required by this subsection is given.

(c) If the governing body of a home-rule municipality conducts a hearing under Subsection (a), the governing body may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of the public hearing.  Notice requirements prescribed under this subsection are in addition to the publication of notice required by Subsection (a).

(d) Repealed by Acts 2025, 89th Leg., ch. 909 (H.B. 24), § 7, eff. Sept. 1, 2025.

(e) Redesignated as subsec. (c) of V.T.C.A., Local Government Code § 211.0061 and amended by Acts 2025, 89th Leg., ch. 909 (H.B. 24), § 4, eff. Sept. 1, 2025.

(f) Repealed by Acts 2025, 89th Leg., ch. 909 (H.B. 24), § 7, eff. Sept. 1, 2025.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-211-006/

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