reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 212.137 (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 212.137. Waiver Procedures Required

Sec. 212.137.  WAIVER PROCEDURES REQUIRED.  (a)  A moratorium adopted under this subchapter must allow a permit applicant to apply for a waiver from the moratorium relating to the property subject to the permit by:(1)  claiming a right obtained under a development agreement; or(2)   providing the public facilities that are the subject of the moratorium at the landowner's cost.(b)  The permit applicant must submit the reasons for the request to the governing body of the municipality in writing.  The governing body of the municipality must vote on whether to grant the waiver request within 10 days after the date of receiving the written request.|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 § 212.138 (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 212.138. Effect on Other Law

Sec. 212.138.  EFFECT ON OTHER LAW.  A moratorium adopted under this subchapter does not affect the rights acquired under Chapter 245 or common law.|Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.|
TX Loc Govt Code § 212.139 (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 212.139. Limitation on Moratorium

Sec. 212.139.  LIMITATION ON MORATORIUM.  (a)  A moratorium adopted under this subchapter does not affect an application for a project in progress under Chapter 245.(b)  A municipality may not adopt a moratorium under this subchapter that:(1)  prohibits a person from filing or processing an application for a project in progress under Chapter 245; or(2)  prohibits or delays the processing of an application for zoning filed before the effective date of the moratorium.|Added by Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.|
TX Loc Govt Code § 212.151 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.151. Municipality Covered by Subchapter

Sec. 212.151.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a municipality:(1)  with a population of 1.5 million or more that passes an ordinance that requires uniform application and enforcement of this subchapter with regard to all property and residents;(2)  with a population of less than 4,000 that:(A)  is located in two counties, one of which has a population greater than 45,000; and(B)  borders Lake Lyndon B. Johnson; or(3)  that does not have zoning ordinances and passes an ordinance that requires uniform application and enforcement of this subchapter with regard to all property and residents.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 893, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Local Government Code Sec. 230.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(1), eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 212.131 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 475 (S.B. 1090), Sec. 3, eff. September 1, 2021.|
TX Loc Govt Code § 212.152 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.152. Definition

Sec. 212.152.  DEFINITION.  In this subchapter, "restriction" means a land-use regulation that:(1)  affects the character of the use to which real property, including residential and rental property, may be put;(2)  fixes the distance that a structure must be set back from property lines, street lines, or lot lines;(3)  affects the size of a lot or the size, type, and number of structures that may be built on the lot;(4)  regulates or restricts the type of activities that may take place on the property, including commercial activities, sweepstakes activities, keeping of animals, use of fire, nuisance activities, vehicle storage, and parking;(5)  regulates architectural features of a structure, construction of fences, landscaping, garbage disposal, or noise levels;  or(6)  specifies the type of maintenance that must be performed on a lot or structure, including maintenance of a yard or fence.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Local Government Code, Sec. 230.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(1), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1044, Sec. 1, eff. Sept. 1, 2003.  Renumbered from Local Government Code, Sec. 212.132 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.|
TX Loc Govt Code § 212.153 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.153. Suit to Enforce Restrictions

Sec. 212.153.  SUIT TO ENFORCE RESTRICTIONS.  (a)  Except as provided by Subsection (b), the municipality may sue in any court of competent jurisdiction to enjoin or abate a violation of a restriction contained or incorporated by reference in a properly recorded plan, plat, or other instrument that affects a subdivision located inside the boundaries of the municipality.(b)  The municipality may not initiate or maintain a suit to enjoin or abate a violation of a restriction if a property owners' association with the authority to enforce the restriction files suit to enforce the restriction.(c)  In a suit by a property owners' association to enforce a restriction, the association may not submit into evidence or otherwise use the work product of the municipality's legal counsel.(d)  In a suit filed under this section alleging that any of the following activities violates a restriction limiting property to residential use, it is not a defense that the activity is incidental to the residential use of the property:(1)  storing a tow truck, crane, moving van or truck, dump truck, cement mixer, earth-moving device, or trailer longer than 20 feet;  or(2)  repairing or offering for sale more than two motor vehicles in a 12-month period.(e)  A municipality may not enforce a deed restriction which purports to regulate or restrict the rights granted to public utilities to install, operate, maintain, replace, and remove facilities within easements and private or public rights-of-way.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Local Government Code, Sec. 230.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1044, Sec. 2, eff. Sept 1, 2003.  Renumbered from Local Government Code, Sec. 212.133 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.|
TX Loc Govt Code § 212.1535 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.1535. Foreclosure by Property Owners' Association

Sec. 212.1535.  FORECLOSURE BY PROPERTY OWNERS' ASSOCIATION.  (a)  A municipality may not participate in a suit or other proceeding to foreclose a property owners' association's lien on real property.(b)  In a suit or other proceeding to foreclose a property owners' association's lien on real property in the subdivision, the association may not submit into evidence or otherwise use the work product of the municipality's legal counsel.|Added by Acts 2003, 78th Leg., ch. 1044, Sec. 4, eff. Sept. 1, 2003.Renumbered from Local Government Code, Section 212.1335 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(53), eff. September 1, 2007|
TX Loc Govt Code § 212.154 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.154. Limitation on Enforcement

Sec. 212.154.  LIMITATION ON ENFORCEMENT.  A restriction contained in a plan, plat, or other instrument that was properly recorded before August 30, 1965, may be enforced as provided by Section 212.153, but a violation of a restriction that occurred before that date may not be enjoined or abated by the municipality as long as the nature of the violation remains unchanged.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Local Government Code Sec. 230.004 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(1), eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 212.134 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), 3(33), eff. Sept. 1, 2003.|
TX Loc Govt Code § 212.156 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.156. Enforcement by Ordinance; Civil Penalty

Sec. 212.156.  ENFORCEMENT BY ORDINANCE;  CIVIL PENALTY.  (a)  The governing body of the municipality by ordinance may require compliance with a restriction contained or incorporated by reference in a properly recorded plan, plat, or other instrument that affects a subdivision located inside the boundaries of the municipality.(b)  The municipality may bring a civil action to recover a civil penalty for a violation of the restriction.  The municipality may bring an action and recover the penalty in the same manner as a municipality may bring an action and recover a penalty under Subchapter B, Chapter 54.(c)  For the purposes of an ordinance adopted under this section, restrictions do not include provisions that restrict the sale, rental, or use of property on the basis of race, color, religion, sex, or national origin and do not include any restrictions that by their express provisions have terminated.|Added by Acts 1991, 72nd Leg., ch. 893, Sec. 2, eff. Sept. 1, 1991.  Renumbered from Local Government Code Sec. 230.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(1), eff. Sept. 1, 2001.  Renumbered from Local Government Code Sec. 212.136 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.|
TX Loc Govt Code § 212.157 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.157. Governmental Function

Sec. 212.157.  GOVERNMENTAL FUNCTION.  An action filed by a municipality under this subchapter to enforce a land use restriction is a governmental function of the municipality.|Added by Acts 2001, 77th Leg., ch. 1399, Sec. 2, eff. June 16, 2001.Renumbered from Local Government Code, Section 230.007 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(56), eff. September 1, 2007|
TX Loc Govt Code § 212.158 (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 F. Enforcement of Land Use Restrictions Contained in Plats and Other Instruments|Section 212.158. Effect on Other Law

Sec. 212.158.  EFFECT ON OTHER LAW.  This subchapter does not prohibit the exhibition, play, or necessary incidental action thereto of a sweepstakes not prohibited by Chapter 622, Business & Commerce Code.|Added by Acts 2003, 78th Leg., ch. 1044, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.25, eff. April 1, 2009.Renumbered from Local Government Code, Section 212.138 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(54), eff. September 1, 2007.|
TX Loc Govt Code § 212.171 (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 G. Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction|Section 212.171. Applicability

Sec. 212.171.  APPLICABILITY.  This subchapter does not apply to land located in the extraterritorial jurisdiction of a municipality with a population of 1.9 million or more.|Added by Acts 2003, 78th Leg., ch. 522, Sec. 1, eff. June 20, 2003.|
TX Loc Govt Code § 212.173 (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 G. Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction|Section 212.173. Certain Coastal Areas

Sec. 212.173.  CERTAIN COASTAL AREAS.  This subchapter does not apply to, limit, or otherwise affect any ordinance, order, rule, plan, or standard adopted by this state or a state agency, county, municipality, or other political subdivision of this state under the federal Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), and its subsequent amendments, or Subtitle E, Title 2, Natural Resources Code.|Added by Acts 2003, 78th Leg., ch. 522, Sec. 1, eff. June 20, 2003.|
TX Loc Govt Code § 212.174 (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 G. Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction|Section 212.174. Municipal Utilities

Sec. 212.174.  MUNICIPAL UTILITIES.  A municipality may not require a contract as a condition for providing water, sewer, electricity, gas, or other utility service from a municipally owned or municipally operated utility that provides any of those services.|Added by Acts 2003, 78th Leg., ch. 522, Sec. 1, eff. June 20, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 678 (H.B. 1929), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 212.901 (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 Z. Miscellaneous Provisions|Section 212.901. Developer Required to Provide Surety

Sec. 212.901.  DEVELOPER REQUIRED TO PROVIDE SURETY.  (a)  To ensure that it will not incur liabilities, a municipality may require, before it gives approval of the plans for a development, that the owner of the development provide sufficient surety to guarantee that claims against the development will be satisfied if a default occurs.(b)  This section does not preclude a claimant from seeking recovery by other means.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 48(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 212.903 (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 Z. Miscellaneous Provisions|Section 212.903. Construction and Renovation Work on County-Owned Buildings or Facilities in Certain Counties

Sec. 212.903.  CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS OR FACILITIES IN CERTAIN COUNTIES.  (a)  This section applies only to a county with a population of 250,000 or more.(b)  A municipality is not authorized to require a county to notify the municipality or obtain a building permit for any new construction or renovation work performed within the limits of the municipality by the county's personnel or by county personnel acting as general contractor on county-owned buildings or facilities.  Such construction or renovation work shall be inspected by a registered professional engineer or architect licensed in this state in accordance with any other applicable law.  A municipality may require a building permit for construction or renovation work performed on county-owned buildings or facilities by private general contractors.(c)  This section does not exempt a county from complying with a municipality's building code standards when performing construction or renovation work.|Added by Acts 1997, 75th Leg., ch. 271, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 368, Sec. 1, eff. Aug. 30, 1999.|
TX Loc Govt Code § 212.904 (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 Z. Miscellaneous Provisions|Section 212.904. Apportionment of Municipal Infrastructure Costs

Sec. 212.904.  APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS.  (a)  If a municipality requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the municipality.  The municipality's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection.(b)  A developer who disputes the determination made under Subsection (a) may appeal to the governing body of the municipality.  At the appeal, the developer may present evidence and testimony under procedures adopted by the governing body.  After hearing any testimony and reviewing the evidence, the governing body shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer.(c)  A developer may appeal the determination of the governing body to a county or district court of the county in which the  development  project is located within 30 days of the final determination by the governing body.(d)  A municipality may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project.(e)  A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees.(f)  This section does not diminish the authority or modify the procedures specified by Chapter 395.|Added by Acts 2005, 79th Leg., Ch. 982 (H.B. 1835), Sec. 1, eff. June 18, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 635 (S.B. 1510), Sec. 1, eff. June 10, 2019.|
TX Loc Govt Code § 214.0011 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 214 - Municipal Regulation of Housing and Other Structures|Subchapter A. Dangerous Structures|Section 214.0011. Additional Authority to Secure Substandard Building

Sec. 214.0011.  ADDITIONAL AUTHORITY TO SECURE SUBSTANDARD BUILDING.  (a)  A municipality by ordinance may establish minimum standards for the use and occupancy of buildings in the municipality regardless of the date of their construction and may adopt other ordinances as necessary to carry out this section.(b)  The municipality may secure a building the municipality determines:(1)  violates the minimum standards;  and(2)  is unoccupied or is occupied only by persons who do not have a right of possession to the building.(c)  Before the 11th day after the date the building is secured, the municipality shall give notice to the owner by:(1)  personally serving the owner with written notice;(2)  depositing the notice in the United States mail addressed to the owner at the owner's post office address;(3)  publishing the notice at least twice within a 10-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office address is unknown;  or(4)  posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown.(d)  The notice must contain:(1)  an identification, which is not required to be a legal description, of the building and the property on which it is located;(2)  a description of the violation of the municipal standards that is present at the building;(3)  a statement that the municipality will secure or has secured, as the case may be, the building;  and(4)  an explanation of the owner's entitlement to request a hearing about any matter relating to the municipality's securing of the building.(e)  The municipality shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the municipality's securing of the building if, within 30 days after the date the municipality secures the building, the owner files with the municipality a written request for the hearing.  The municipality shall conduct the hearing within 20 days after the date the request is filed.(f)  A municipality has the same authority to assess expenses under this section as it has to assess expenses under Section 214.001(n).  A lien is created under this section in the same manner that a lien is created under Section 214.001(n) and is subject to the same conditions as a lien created under that section.(g)  The authority granted by this section is in addition to that granted by Section 214.001.|Added by Acts 1991, 72nd Leg., ch. 13, Sec. 1, eff. April 2, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.104, eff. Sept. 1, 2001.|