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Author
Paxton, Angela (R)
Caption
Relating to the method of providing notice for certain municipal zoning changes.
Session
Bill Status
Failed: Referred to Local Government Committee
Bill Type
Public Notice
Position
Monitor
Priority
3
Comments

Reid’s input: It looks like SB 985 does eliminate some newspaper notice regarding zoning changes. As Mike pointed out, this notice is currently required when a zoning change occurs within 200 feet of annexed property that doesn’t appear on a municipality’s tax roll. Instead of newspaper notice, a municipality could just send written notice to the most recent address on the tax roll. I’m not sure how often that comes into play.  

This bill does not change the underlying newspaper notice requirement for zoning regulations and district boundaries in Sec. 211.006(a): 

Sec. 211.006.  PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES.  (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 published in an official newspaper or a newspaper of general circulation in the municipality.

There is already some leeway given to municipalities in Sec. 211.007, regarding the manner of public notice when a zoning commission is involved:

(d)  The governing body of a home-rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission.  If notice requirements are prescribed under this subsection, the notice requirements prescribed by Subsections (b) and (c) and by Section 211.006(a) do not apply.

Updated
2023.03.03