HBA-CBW S.B. 980 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 980
By: Carona
Land & Resource Management
5/2/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, municipalities are not required to hold public hearings
or provide notice before adopting a moratorium ordinance. Such an ordinance
is imposed by the city council of a municipality  and bans property
development, which may cause property values to increase and housing
construction to slow down.  Senate Bill 980 prohibits a municipality from
adopting a moratorium on property development affecting only residential
property unless the municipality complies with notice and hearing
procedures and makes written findings providing justification for the
moratorium. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 980 amends the Local Government Code to prohibit a municipality
from adopting a moratorium on property development affecting only
residential property unless the municipality complies with notice and
hearing procedures and makes written findings providing justification for
the moratorium.  The bill sets forth procedures regarding notice, hearings,
and written findings.  The bill provides that a moratorium expires on the
120th day after the date the moratorium is adopted unless the municipality
extends the moratorium under specified conditions. The bill sets forth
provisions allowing a permit applicant to apply for a waiver from a
moratorium. The bill  provides that an adopted moratorium does not affect
the rights acquired under provisions regarding the issuance of local
permits or common law.  

The bill prohibits a moratorium from being placed on new development for
the purpose of awaiting the completion of all or any part of the process
necessary to develop, adopt, or update land use assumptions or a capital
improvements plan. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.