reglab/statecodes huggingface dataset:
2023 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 A. Regulation of Subdivisions › Section 212.0146. Replatting Without Vacating Preceding Plat: Certain Municipalities

Sec. 212.0146.  REPLATTING WITHOUT VACATING PRECEDING PLAT: CERTAIN MUNICIPALITIES.  (a)  This section applies only to a replat of a subdivision or a part of a subdivision located in a municipality or the extraterritorial jurisdiction of a municipality with a population of 1.4 million or more.
(b)  A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if:
(1)  the replat is signed and acknowledged by each owner and only the owners of the property being replatted;
(2)  the municipal authority responsible for approving plats holds a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard;
(3)  the replat does not amend, remove, or violate, or have the effect of amending, removing, or violating, any covenants or restrictions that are contained or referenced in a dedicatory instrument recorded in the real property records separately from the preceding plat or replat;
(4)  the replat does not attempt to amend, remove, or violate, or have the effect of amending, removing, or violating, any existing public utility easements without the consent of the affected utility companies; and
(5)  the municipal authority responsible for approving plats approves the replat after determining that the replat complies with this subchapter and rules adopted under Section 212.002 and this section in effect at the time the application for the replat is filed.
(c)  The governing body of a municipality may adopt rules governing replats, including rules that establish criteria under which covenants, restrictions, or plat notations that are contained only in the preceding plat or replat without reference in any dedicatory instrument recorded in the real property records separately from the preceding plat or replat may be amended or removed.
Added by Acts 2007, 80th Leg., R.S., Ch. 654 (H.B. 1067), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 60 (H.B. 1553), Sec. 1, eff. May 18, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 140, eff. September 1, 2023.
2023 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 A. Regulation of Subdivisions › Section 212.017. Conflict of Interest; Penalty

Sec. 212.017.  CONFLICT OF INTEREST;  PENALTY.  (a)  In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided.  The term does not mean an individual lot in a subdivided tract of land.
(b)  A person has a substantial interest in a subdivided tract if the person:
(1)  has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more;
(2)  acts as a developer of the tract;
(3)  owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a business entity that:
(A)  has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more;  or
(B)  acts as a developer of the tract;  or
(4)  receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year.
(c)  A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to another person who, under Subsection (b), has a substantial interest in the tract.
(d)  If a member of the municipal authority responsible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter.  The affidavit must be filed with the municipal secretary or clerk.
(e)  A member of the municipal authority responsible for approving plats commits an offense if the member violates Subsection (d).  An offense under this subsection is a Class A misdemeanor.
(f)  The finding by a court of a violation of this section does not render voidable an action of the municipal authority responsible for approving plats unless the measure would not have passed the municipal authority without the vote of the member who violated this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 561, Sec. 38, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
2023 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 A. Regulation of Subdivisions › Section 212.0175. Enforcement in Certain Counties; Penalty

Sec. 212.0175.  ENFORCEMENT IN CERTAIN COUNTIES;  PENALTY.  (a)  The attorney general may take any action necessary to enforce a requirement imposed by or under Section 212.0105 or 212.0106 or to ensure that water and sewer service facilities are constructed or installed to service a subdivision in compliance with the model rules adopted under Section 16.343, Water Code.
(b)  A person who violates Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on the plat or on the document attached to the plat, as required by Section 212.0105, is subject to a civil penalty of not less than $500 nor more than $1,000 plus court costs and attorney's fees.
(c)  An owner of a tract of land commits an offense if the owner knowingly or intentionally violates a requirement imposed by or under Section 212.0105 or 212.0106 or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on a plat or on a document attached to a plat, as required by Section 212.0105.  An offense under this subsection is a Class B misdemeanor.
(d)  A reference in this section to an "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.
2023 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 A. Regulation of Subdivisions › Section 212.018. Enforcement in General

Sec. 212.018.  ENFORCEMENT IN GENERAL.  (a)  At the request of the governing body of the municipality, the municipal attorney or any other attorney representing the municipality may file an action in a court of competent jurisdiction to:
(1)  enjoin the violation or threatened violation by the owner of a tract of land of a requirement regarding the tract and established by, or adopted by the governing body under, this subchapter;  or
(2)  recover damages from the owner of a tract of land in an amount adequate for the municipality to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the tract and established by, or adopted by the governing body under, this subchapter.
(b)  A reference in this section to an "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.
2023 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 B. Regulation of Property Development › Section 212.041. Municipality Covered by Subchapter

Sec. 212.041.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a municipality whose governing body chooses by ordinance to be covered by this subchapter or chose by ordinance to be covered by the law codified by this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 125, Sec. 1, eff. May 11, 1993;  Acts 1993, 73rd Leg., ch. 1046, Sec. 4, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 10.04, eff. Sept. 1, 1995.
2023 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 B. Regulation of Property Development › Section 212.042. Application of Subchapter A

Sec. 212.042.  APPLICATION OF SUBCHAPTER A.  The provisions of Subchapter A that do not conflict with this subchapter apply to development plats.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.043. Definitions

Sec. 212.043.  DEFINITIONS.  In this subchapter:
(1)  "Development" means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement.
(2)  "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.044. Plans, Rules, and Ordinances

Sec. 212.044.  PLANS, RULES, AND ORDINANCES.  After a public hearing on the matter, the municipality may adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.045. Development Plat Required

Sec. 212.045.  DEVELOPMENT PLAT REQUIRED.  (a)  Any person who proposes the development of a tract of land located within the limits or in the extraterritorial jurisdiction of the municipality must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the municipality.
(b)  A development plat must be prepared by a registered professional land surveyor as a boundary survey showing:
(1)  each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
(2)  each easement and right-of-way within or abutting the boundary of the surveyed property;  and
(3)  the dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.
(c)  New development may not begin on the property until the development plat is filed with and approved by the municipality in accordance with Section 212.047.
(d)  If a person is required under Subchapter A or an ordinance of the municipality to file a subdivision plat, a development plat is not required in addition to the subdivision plat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1091, Sec. 28, eff. Sept. 1, 1989.
2023 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 B. Regulation of Property Development › Section 212.046. Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity

Sec. 212.046.  RESTRICTION ON ISSUANCE OF BUILDING AND OTHER PERMITS BY MUNICIPALITY, COUNTY, OR OFFICIAL OF OTHER GOVERNMENTAL ENTITY.  The municipality, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved by the municipality in accordance with Section 212.047.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.047. Approval of Development Plat

Sec. 212.047.  APPROVAL OF DEVELOPMENT PLAT.  The municipality shall endorse approval on a development plat filed with it if the plat conforms to:
(1)  the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities;
(2)  the general plans, rules, and ordinances for the extension of the municipality or the extension, improvement, or widening of its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;  and
(3)  any general plans, rules, or ordinances adopted under Section 212.044.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.048. Effect of Approval on Dedication

Sec. 212.048.  EFFECT OF APPROVAL ON DEDICATION.  The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the municipality any duty regarding the maintenance or improvement of any purportedly dedicated parts until the municipality's governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.049. Building Permits in Extraterritorial Jurisdiction

Sec. 212.049.  BUILDING PERMITS IN EXTRATERRITORIAL JURISDICTION.  This subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 B. Regulation of Property Development › Section 212.050. Enforcement; Penalty

Sec. 212.050.  ENFORCEMENT;  PENALTY.  (a)  If it appears that a violation or threat of a violation of this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter exists, the municipality is entitled to appropriate injunctive relief against the person who committed, is committing, or is threatening to commit the violation.
(b)  A suit for injunctive relief may be brought in the county in which the defendant resides, the county in which the violation or threat of violation occurs, or any county in which the municipality is wholly or partly located.
(c)  In a suit to enjoin a violation or threat of a violation of this subchapter or a plan, rule, ordinance, or other order adopted under this subchapter, the court may grant the municipality any prohibitory or mandatory injunction warranted by the facts including a temporary restraining order, temporary injunction, or permanent injunction.
(d)  A person commits an offense if the person violates this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter within the limits of the municipality.  An offense under this subsection is a Class C misdemeanor.  Each day the violation continues constitutes a separate offense.
(e)  A suit under this section shall be given precedence over all other cases of a different nature on the docket of the trial or appellate court.
(f)  It is no defense to a criminal or civil suit under this section that an agency of government other than the municipality issued a license or permit authorizing the construction, repair, or alteration of any building, structure, or improvement.  It also is no defense that the defendant had no knowledge of this subchapter or of an applicable plan, rule, or ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 212.071. Developer Participation Contract

Sec. 212.071.  DEVELOPER PARTICIPATION CONTRACT.  Without complying with the competitive sealed bidding procedure of Chapter 252, a municipality with 5,000 or more inhabitants may make a contract with a developer of a subdivision or land in the municipality to construct public improvements, not including a building, related to the development.  If the contract does not meet the requirements of this subchapter, Chapter 252 applies to the contract if the contract would otherwise be governed by that chapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 47(b), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 1547, Sec. 1, eff. Sept. 1, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 4,500 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.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 141, eff. September 1, 2023.