reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 212.072 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter C. Developer Participation in Contract for Public Improvements|Section 212.072. Duties of Parties Under Contract

Sec. 212.072.  DUTIES OF PARTIES UNDER CONTRACT.  (a)  Under the contract, the developer shall construct the improvements and the municipality shall participate in their cost.(b)  The contract:(1)  must establish the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price, if the municipality has a population of less than 1.8 million; or(2)  may allow participation by a municipality at a level not to exceed 70 percent of the total contract price, if the municipality has a population of 1.8 million or more.(b-1)  In addition, if the municipality has a population of 1.8 million or more, the municipality may participate at a level not to exceed 100 percent of the total contract price for all required drainage improvements related to the development and construction of affordable housing.  Under this subsection, affordable housing is defined as housing which is equal to or less than the median sales price, as determined by the Real Estate Center at Texas A&M University, of a home in the Metropolitan Statistical Area (MSA) in which the municipality is located.(c)  In addition, the contract may also allow participation by the municipality at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area.(d)  The municipality is liable only for the agreed payment of its share of the contract, which shall be determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by municipal ordinance.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 47(b), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 1526, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1075 (H.B. 1606), Sec. 1, eff. June 18, 2005.|
TX Loc Govt Code § 212.073 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter C. Developer Participation in Contract for Public Improvements|Section 212.073. Performance Bond

Sec. 212.073.  PERFORMANCE BOND.  The developer must execute a performance bond for the construction of the improvements to ensure completion of the project.  The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 47(b), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.|
TX Loc Govt Code § 212.074 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter C. Developer Participation in Contract for Public Improvements|Section 212.074. Additional Safeguards; Inspection of Records

Sec. 212.074.  ADDITIONAL SAFEGUARDS;  INSPECTION OF RECORDS.  (a)  In the ordinance adopted by the municipality under Section 212.072(b), the municipality may include additional safeguards against undue loading of cost, collusion, or fraud.(b)  All of the developer's books and other records related to the project shall be available for inspection by the municipality.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 47(b), eff. Aug. 28, 1989.|
TX Loc Govt Code § 212.101 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter D. Regulation of Property Development Prohibited in Certain Circumstances|Section 212.101. Application of Subchapter to Certain Home-Rule Municipality

Sec. 212.101.  APPLICATION OF SUBCHAPTER TO CERTAIN HOME-RULE MUNICIPALITY.  This subchapter applies only to a home-rule municipality that:(1)  has a charter provision allowing for limited-purpose annexation;  and(2)  has annexed territory for a limited purpose.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.02(a), eff. Sept. 1, 1997.|
TX Loc Govt Code § 212.102 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter D. Regulation of Property Development Prohibited in Certain Circumstances|Section 212.102. Definitions

Sec. 212.102.  DEFINITIONS.  In this subchapter:(1)  "Affected area" means an area that is:(A)  in a municipality or a municipality's extraterritorial jurisdiction;(B)  in a county other than the county in which a majority of the territory of the municipality is located;(C)  within the boundaries of one or more school districts other than the school district in which a majority of the territory of the municipality is located;  and(D)  within the area of or within 1,500 feet of the boundary of an assessment road district in which there are two state highways.(2)  "Assessment road district" means a road district that has issued refunding bonds and that has imposed assessments on each parcel of land under Subchapter C, Chapter 1471, Government Code.(3)  "State highway" means a highway that is part of the state highway system under Section 221.001, Transportation Code.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.02(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.289, eff. Sept. 1, 2001.|
TX Loc Govt Code § 212.103 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter D. Regulation of Property Development Prohibited in Certain Circumstances|Section 212.103. Traffic or Traffic Operations

Sec. 212.103.  TRAFFIC OR TRAFFIC OPERATIONS.  (a)  A municipality may not deny, limit, delay, or condition the use or development of land, any part of which is within an affected area, because of:(1)  traffic or traffic operations that would result from the proposed use or development of the land;  or(2)  the effect that the proposed use or development of the land would have on traffic or traffic operations.(b)  In this section, an action to deny, limit, delay, or condition the use or development of land includes a decision or other action by the governing body of the municipality or by a commission, board, department, agency, office, or employee of the municipality related to zoning, subdivision, site planning, the construction or building permit process, or any other municipal process, approval, or permit.(c)  This subchapter does not prevent a municipality from exercising its authority to require the dedication of right-of-way.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.02(a), eff. Sept. 1, 1997.|
TX Loc Govt Code § 212.104 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter D. Regulation of Property Development Prohibited in Certain Circumstances|Section 212.104. Provision Not Enforceable

Sec. 212.104.  PROVISION NOT ENFORCEABLE.  A provision in a covenant or agreement relating to land in an affected area that would have the effect of denying, limiting, delaying, or conditioning the use or development of the land because of its effect on traffic or traffic operations may not be enforced by a municipality.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.02(a), eff. Sept. 1, 1997.|
TX Loc Govt Code § 212.105 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter D. Regulation of Property Development Prohibited in Certain Circumstances|Section 212.105. Subchapter Controls

Sec. 212.105.  SUBCHAPTER CONTROLS.  This subchapter controls over any other law relating to municipal regulation of land use or development based on traffic.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.02(a), eff. Sept. 1, 1997.|
TX Loc Govt Code § 212.131 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.131. Definitions

Sec. 212.131.  DEFINITIONS.  In this subchapter:(1)  "Essential public facilities" means water, sewer, or storm drainage facilities or street improvements provided by a municipality or private utility.(2)  "Residential property" means property zoned for or otherwise authorized for single-family or multi-family use.(3)  "Property development" means the construction, reconstruction, or other alteration or improvement of residential or commercial buildings or the subdivision or replatting of a subdivision of residential or commercial property.(4)  "Commercial property" means property zoned for or otherwise authorized for use other than single-family use, multifamily use, heavy industrial use, or use as a quarry.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 1, eff. September 1, 2005.|
TX Loc Govt Code § 212.132 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.132. Applicability

Sec. 212.132.  APPLICABILITY.  This subchapter applies only to a moratorium imposed on property development affecting only residential property, commercial property, or both residential and commercial property.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.133 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.133. Procedure for Adopting Moratorium

Sec. 212.133.  PROCEDURE FOR ADOPTING MORATORIUM.  A municipality may not adopt a moratorium on property development unless the municipality:(1)  complies with the notice and hearing procedures prescribed by Section 212.134; and(2)  makes written findings as provided by Section 212.135, 212.1351, or 212.1352, as applicable.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.134 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.134. Notice and Public Hearing Requirements

Sec. 212.134.  NOTICE AND PUBLIC HEARING REQUIREMENTS.  (a)  Before a moratorium on property development may be imposed, a municipality must conduct public hearings as provided by this section.(b)  A public hearing must provide municipal residents and affected parties an opportunity to be heard.  The municipality must publish notice of the time and place of a hearing in a newspaper of general circulation in the municipality on the fourth day before the date of the hearing.(c)  Beginning on the fifth business day after the date a notice is published under Subsection (b), a temporary moratorium takes effect.  During the period of the temporary moratorium, a municipality may stop accepting permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property.(d)  One public hearing must be held before the governing body of the municipality.  Another public hearing must be held before the municipal zoning commission, if the municipality has a zoning commission.(e)  If a general-law municipality does not have a zoning commission, two public hearings separated by at least four days must be held before the governing body of the municipality.(f)  Within 12 days after the date of the first public hearing, the municipality shall make a final determination on the imposition of a moratorium.  Before an ordinance adopting a moratorium may be imposed, the ordinance must be given at least two readings by the governing body of the municipality.  The readings must be separated by at least four days.  If the municipality fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, an ordinance imposing a moratorium may not be adopted, and the temporary moratorium imposed under Subsection (c) expires.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.|
TX Loc Govt Code § 212.135 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.135. Justification for Moratorium: Shortage of Essential Public Facilities; Written Findings Required

Sec. 212.135.  JUSTIFICATION FOR MORATORIUM:  SHORTAGE OF ESSENTIAL PUBLIC FACILITIES;  WRITTEN FINDINGS REQUIRED.  (a)  If a municipality adopts a moratorium on property development, the moratorium is justified by demonstrating a need to prevent a shortage of essential public facilities.  The municipality must issue written findings based on reasonably available information.(b)  The written findings must include a summary of:(1)  evidence demonstrating the extent of need beyond the estimated capacity of existing essential public facilities that is expected to result from new property development, including identifying:(A)  any essential public facilities currently operating near, at, or beyond capacity;(B)  the portion of that capacity committed to the development subject to the moratorium; and(C)  the impact fee revenue allocated to address the facility need; and(2)  evidence demonstrating that the moratorium is reasonably limited to:(A)  areas of the municipality where a shortage of essential public facilities would otherwise occur; and(B)  property that has not been approved for development because of the insufficiency of existing essential public facilities.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.1351 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.1351. Justification for Moratorium: Significant Need for Public Facilities; Written Findings Required

Sec. 212.1351.  JUSTIFICATION FOR MORATORIUM:  SIGNIFICANT NEED FOR PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED.  (a)  Except as provided by Section 212.1352, a moratorium that is not based on a shortage of essential public facilities is justified only by demonstrating a significant need for other public facilities, including police and fire facilities.  For purposes of this subsection, a significant need for public facilities is established if the failure to provide those public facilities would result in an overcapacity of public facilities or would be detrimental to the health, safety, and welfare of the residents of the municipality.  The municipality must issue written findings based on reasonably available information.(b)  The written findings must include a summary of:(1)  evidence demonstrating that applying existing development ordinances or regulations and other applicable laws is inadequate to prevent the new development from causing the overcapacity of municipal infrastructure or being detrimental to the public health, safety, and welfare in an affected geographical area;(2)  evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory; and(3)  evidence demonstrating that the municipality has approved a working plan and time schedule for achieving the objectives of the moratorium.|Added by Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.1352 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.1352. Justification for Commercial Moratorium in Certain Circumstances; Written Findings Required

Sec. 212.1352.  JUSTIFICATION FOR COMMERCIAL MORATORIUM IN CERTAIN CIRCUMSTANCES; WRITTEN FINDINGS REQUIRED.  (a)  If a municipality adopts a moratorium on commercial property development that is not based on a demonstrated shortage of essential public facilities, the municipality must issue written findings based on reasonably available information that the moratorium is justified by demonstrating that applying existing commercial development ordinances or regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the municipality.(b)  The written findings must include a summary of:(1)  evidence demonstrating the need to adopt new ordinances or regulations or to amend existing ordinances, including identification of the harm to the public health, safety, or welfare that will occur if a moratorium is not adopted;(2)  the geographical boundaries in which the moratorium will apply;(3)  the specific types of commercial property to which the moratorium will apply; and(4)  the objectives or goals to be achieved by adopting new ordinances or regulations or amending existing ordinances or regulations during the period the moratorium is in effect.|Added by Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.136 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.136. Expiration of Moratorium; Extension

Sec. 212.136.  EXPIRATION OF MORATORIUM; EXTENSION.  A moratorium adopted under Section 212.135 or 212.1351 expires on the 120th day after the date the moratorium is adopted unless the municipality extends the moratorium by:(1)  holding a public hearing on the proposed extension of the moratorium; and(2)  adopting written findings that:(A)  identify the problem requiring the need for extending the moratorium;(B)  describe the reasonable progress made to alleviate the problem; and(C)  specify a definite duration for the renewal period of the moratorium.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.1361 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.1361. Notice for Extension Required

Sec. 212.1361.  NOTICE FOR EXTENSION REQUIRED.  A municipality proposing an extension of a moratorium under this subchapter must publish notice in a newspaper of general circulation in the municipality not later than the 15th day before the date of the hearing required by this subchapter.|Added by Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.1362 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter E. Moratorium on Property Development in Certain Circumstances|Section 212.1362. Expiration of Moratorium on Commercial Property in Certain Circumstances; Extension

Sec. 212.1362.  EXPIRATION OF MORATORIUM ON COMMERCIAL PROPERTY IN CERTAIN CIRCUMSTANCES; EXTENSION.  (a)  A moratorium on commercial property adopted under Section 212.1352 expires on the 90th day after the date the moratorium is adopted unless the municipality extends the moratorium by:(1)  holding a public hearing on the proposed extension of the moratorium; and(2)  adopting written findings that:(A)  identify the problem requiring the need for extending the moratorium;(B)  describe the reasonable progress made to alleviate the problem;(C)  specify a definite duration for the renewal period of the moratorium; and(D)  include a summary of evidence demonstrating that the problem will be resolved within the extended duration of the moratorium.(b)  A municipality may not adopt a moratorium on commercial property under Section 212.1352 that exceeds an aggregate of 180 days.  A municipality may not adopt a moratorium on commercial property under Section 212.1352 before the second anniversary of the expiration date of a previous moratorium if the subsequent moratorium addresses the same harm, affects the same type of commercial property, or affects the same geographical area identified by the previous moratorium.|Added by Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|