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  80R5056 MXM-F
 
  By: Kuempel H.B. No. 1732
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities to adopt zoning
regulations affecting the appearance of buildings or open spaces.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 211.016(a) and (b), Local Government
Code, are amended to read as follows:
       (a)  This section applies only to a zoning regulation that
affects:
             (1)  the exterior appearance of a single-family house,
including the type and amount of building materials; [or]
             (2)  the landscaping of a single-family residential
lot, including the type and amount of plants or landscaping
materials;
             (3)  the floor to area ratio or impervious coverage of a
previously platted lot; or
             (4)  a previously platted lot by moving or establishing
a vertical setback for the lot.
       (b)  A zoning regulation adopted after the approval of a
residential subdivision plat does not apply to that subdivision
until the second anniversary of the later of:
             (1)  the date the plat was approved; [or]
             (2)  the date the municipality accepts the subdivision
improvements offered for public dedication; or
             (3)  the date written notice of the zoning regulation
is provided to each owner of property affected by the regulation.
       SECTION 2.  The changes in law made by this Act to Sections
211.016(a) and (b), Local Government Code, apply to any zoning
regulation adopted on or after January 1, 2006.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.