2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2267 - Public and Private Facilities and Infrastructure › Subchapter A. General Provisions › Section 2267.0061. Public Hearing Before Preparation of Development Plan

Sec. 2267.0061.  PUBLIC HEARING BEFORE PREPARATION OF DEVELOPMENT PLAN.  (a)  If the state entity is requested to prepare a development plan under Section 2267.006, the state entity shall notify the local government to which the plan will be submitted under Section 2267.0062 of the state entity's intent to prepare a development plan.  The state entity shall provide the local government with information relating to:
(1)  the location of the real property to be offered for sale or lease;
(2)  the highest and best use of the real property; and
(3)  the process for preparing the development plan under Section 2267.006 and the process provided under Sections 2267.0065 and 2267.0066 for the special board of review.
(b)  Not later than the 30th day after the date the local government receives the notice provided under Subsection (a), the local government may request the state entity to hold a public hearing to solicit public comment.  If requested by the local government, the state entity shall hold a public hearing.  The local government shall provide notice of the hearing to real property owners in at least the same manner that notice is provided for adopting zoning regulations or subdivision requirements in the local government's jurisdiction.  The state entity shall set the agenda for the hearing, which must be completed not later than the 120th day after the date notice is provided under Subsection (a).
(c)  If the local government does not request a public hearing under Subsection (b), the state entity may hold a hearing to solicit public comment.  The state entity shall provide notice of the hearing in the same manner that a local government is required to provide notice under Subsection (b).  The state entity shall set the agenda for the hearing and must complete the hearing not later than the 120th day after the date the notice is provided under Subsection (a).
(d)  A public hearing under this section may include:
(1)  a presentation by the state entity relating to the state entity's classification of the real property as unused or substantially underused and the state entity's recommendation of the highest and best use to which the real property may legally be placed;
(2)  a presentation by the local government relating to relevant local plans, development principles, and ordinances that may affect the development of the real property; and
(3)  oral comments and presentations of information by and written comments received from other persons relating to the development of the real property.
(e)  The state entity shall prepare a summary of the information and testimony presented at a hearing conducted under this section and may develop recommendations based on the information and testimony.  The state entity shall prepare a report summarizing the information and testimony presented at the hearing and the views presented by the state, the affected local governments, and other persons who participated in the hearing process.  The governing body of the state entity shall review the state entity's report and may instruct the state entity to incorporate information based on the report in preparing the development plan under Section 2267.006.
(f)  The state entity may adopt rules to implement this section.  The state entity shall administer the process provided by this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.