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 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.
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 212.153. 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.
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 212.1535. 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
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 212.154. 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.
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 212.156. 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.
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 212.157. 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
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 212.158. 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.
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 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.
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 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.
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 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.
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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.201. Definitions

Sec. 212.201.  DEFINITIONS.  In this subchapter:
(1)  "Affordable dwelling unit" means a residential unit offered at a below market rate for rent or sale under a municipal, county, state, or federal program.
(2)  "Consumer price index" means the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor or its successor in function.
(3)  "Improvement" and "market value" have the meanings assigned by Section 1.04, Tax Code.
(4)  "Land value" means the market value of land per acre, not including an improvement to the land.
(5)  "Median family income" means the United States Census Bureau's most recent American Community Survey's five-year estimate of median family income for all families within the applicable municipality.
(6)  "Multifamily unit" means a residential unit other than a detached single-family or two-family dwelling.
(7)  "Parkland" means an area that is designated as a park for the purpose of recreational activity.  The term includes an open space, a recreational facility, and a trail.
(8)  "Parkland dedication" means the fee simple transfer of land or the dedication of an easement to a municipality for nonexclusive use as parkland.
(9)  "Parkland dedication fee" means a fee imposed by a municipality on a landowner for the acquisition, development, repair, and maintenance of parkland.
(10)  "Plan" means a subdivision development plan, subdivision plan, site plan, land development plan, and site development plan each proposing the development of multifamily, hotel, or motel units.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.202. Applicability

Sec. 212.202.  APPLICABILITY.  This subchapter applies only to a municipality with a population of more than 800,000.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.203. Construction

Sec. 212.203.  CONSTRUCTION.  This subchapter may not be construed to prohibit a municipality from requiring by ordinance a landowner to dedicate a portion of the landowner's property for parkland use, impose a parkland dedication fee, or both require the dedication and impose the fee for the development of single-family or two-family uses.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.204. Exclusive Authority; Limitation

Sec. 212.204.  EXCLUSIVE AUTHORITY; LIMITATION.  (a)  Notwithstanding any other law, a municipality has exclusive authority within its boundaries to require the dedication of parkland, impose a parkland dedication fee, or both require the dedication and impose the fee.  A municipality may not delegate that authority to another political subdivision.
(b)  A municipality may only exercise its authority under this section through a plan application in accordance with this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.205. Parkland Dedication, Fee, or Combination

Sec. 212.205.  PARKLAND DEDICATION, FEE, OR COMBINATION.  (a)  A municipality may require a landowner to dedicate a portion of the landowner's property for parkland use, impose a parkland dedication fee, or both require the dedication and impose the fee under a plan application filed under this subchapter by:
(1)  paying a fee set in accordance with Section 212.210(b) or 212.211(b), as applicable; or
(2)  dedicating a portion up to the maximum size authorized under Section 212.208 and paying a reduced fee set in accordance with Section 212.210(d) or 212.211(c), as applicable.
(b)  A municipality may allow a landowner to elect a parkland dedication, a parkland dedication fee, or a dedication and fee under Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.206. Request for Parkland Dedication Determination

Sec. 212.206.  REQUEST FOR PARKLAND DEDICATION DETERMINATION.  (a)  A landowner may, at the landowner's sole discretion, make a written request to a municipality that the municipality make a timely determination of the dedication amount the municipality will impose under the municipality's parkland dedication requirements as applied to the landowner's property being considered for development.
(b)  A municipality may make a reasonable written request to the landowner for additional information that is:
(1)  publicly and readily available; and
(2)  necessary to provide a determination under this section.
(c)  A municipality shall respond in writing to a request made under Subsection (a) not later than the 30th day after the date the municipality receives a completed request. If the municipality fails to respond in accordance with this subsection, the municipality may not require a parkland dedication as a condition of approval of a proposed plan or application for property that is the subject of the request.
(d)  A parkland dedication determination issued under this section:
(1)  is a legally binding determination of the amount of the landowner's parkland dedication for the property that is the subject of the determination; and
(2)  is applicable to the property that is the subject of the determination for a period that is the lesser of:
(A)  two years; or
(B)  the time between the date the determination is issued and the date a plan application is filed that uses or relies on the determination.
(e)  A landowner may release in writing a municipality from a determination made under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.207. Parkland Dedication Authority

Sec. 212.207.  PARKLAND DEDICATION AUTHORITY.  (a)  A municipality may not require a parkland dedication, impose a parkland dedication fee, or both require the dedication and impose the fee for any commercial use.  For the purpose of this section, a commercial use does not include a multifamily, hotel, or motel use.
(b)  If a plan application submitted to a municipality proposes development of the land subject to the application that includes both multifamily, hotel, or motel and commercial uses, the municipality shall determine the amount of a parkland dedication based only on the pro rata portion of the land proposed for multifamily, hotel, or motel use.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.208. Limitation on Parkland Dedication Amount

Sec. 212.208.  LIMITATION ON PARKLAND DEDICATION AMOUNT.  A municipality may not require a landowner to dedicate as parkland under this subchapter more than 10 percent, without adjustment or disqualification for impairment, of the gross site area of the land subject to a plan application.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.209. Initial Requirements for Determining Fees

Sec. 212.209.  INITIAL REQUIREMENTS FOR DETERMINING FEES.  (a)  For purposes of determining the amount of a fee imposed under this section, the governing body of a municipality, after providing at least 30 days' public notice and holding a public hearing, shall by official action designate all territory within its municipal boundaries as a suburban area, urban area, or central business district area.  The governing body may use the same designation for multiple areas in the municipality.  The governing body may amend a designation only during the adoption or amendment of a municipal comprehensive plan under Chapter 213.
(b)  Not later than the 10th day after the date the municipality designates its territory under Subsection (a), the municipality shall notify each appraisal district in which the municipality is wholly or partly located of the designation.
(c)  Once every 10 years, each appraisal district in which the municipality is wholly or partly located shall calculate and provide to the municipality the average land value for each area or portion of an area designated by the municipality under Subsection (a) that is located in the district.
(d)  If multiple appraisal districts calculate an average land value for different portions of an area designated under Subsection (a), the municipality shall determine the area's total average land value by:
(1)  multiplying each district's calculated value for the portion located in the district by the percentage, expressed as a fraction, that the portion is to the total area; and
(2)  adding the resulting amounts.
(e)  In each year other than the year in which an appraisal district calculates average land values under Subsection (c), a municipality shall calculate the average land value for each area designated under Subsection (a) by multiplying the previous year's average land value for the area by one plus the average consumer price index for each month of the previous year.
(f)  A municipality shall set the municipality's dwelling unit factor, which reflects the number of parkland acres for each dwelling unit proposed by a plan application. The factor may not be more than:
(1).005 for multifamily units; and
(2).004 for rooms in a hotel or motel ordinarily used for sleeping.
(g)  A municipality shall set the municipality's density factor, which reflects the diminishing expectation of parkland acres per dwelling unit in increasingly dense urban environments, for each area designated by the municipality under Subsection (a).  The density factor may not be less than:
(1)  one for the suburban area;
(2)  four for the urban area; and
(3)  40 for the central business district area.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.210. General Requirements for Calculation of Fees

Sec. 212.210.  GENERAL REQUIREMENTS FOR CALCULATION OF FEES.  (a)  This section applies only to a municipality to which Section 212.211 does not apply.
(b)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(1) for land subject to a plan application by:
(1)  adding, as appropriate:
(A)  the product of the number of multifamily units proposed by the plan by the dwelling unit factor prescribed by Section 212.209(f)(1); and
(B)  the product of the number of hotel and motel rooms ordinarily used for sleeping proposed by the plan by the dwelling unit factor prescribed by Section 212.209(f)(2);
(2)  multiplying the sum calculated under Subdivision (1) by the average land value for the area in which the land is located; and
(3)  dividing the product calculated under Subdivision (2) by the applicable density factor.
(c)  For purposes of Subsection (b)(1), a municipality shall exclude from a plan application the number of affordable dwelling units proposed by the plan.
(d)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(2) for land subject to a plan application by:
(1)  calculating the amount of the fee for the land under Subsection (b); and
(2)  subtracting from the amount calculated under Subdivision (1) the product of the land value applicable to the land and the number of acres dedicated.
(e)  If a calculation made under Subsection (d) results in a negative number, the applicable landowner is entitled to receive from the applicable municipality the amount equal to the positive difference between the calculated amount and zero.  The municipality shall pay that amount to the landowner at the time of transfer of fee simple title or the recording of the easement.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.211. Requirements Calculation of Fees for Municipalities With Low Fees

Sec. 212.211.  REQUIREMENTS CALCULATION OF FEES FOR MUNICIPALITIES WITH LOW FEES.  (a)  This section applies only to a municipality that after August 31, 2023, requires a parkland dedication fee for a multifamily, hotel, or motel development in an amount, calculated on a per dwelling unit basis, not greater than two percent of the median family income.
(b)  A municipality to which this section applies may set a parkland dedication fee.  If the municipality elects to set the fee in an amount greater than two percent of the municipality's median family income:
(1)  this section no longer applies to the municipality; and
(2)  the municipality must set the fee in accordance with Section 212.210.
(c)  A municipality shall determine the amount of a fee imposed under Section 212.205(a)(2) for land subject to a plan application by subtracting from the amount of the fee set under Subsection (b) the product of the land value applicable to the land and the number of acres dedicated.
(d)  If a calculation made under Subsection (c) results in a negative number, the applicable landowner is entitled to receive from the applicable municipality the amount equal to the positive difference between the calculated amount and zero.  The municipality shall pay that amount to the landowner at the time of transfer of fee simple title or the recording of the easement.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.212. Collection of Fees

Sec. 212.212.  COLLECTION OF FEES.  A municipality shall provide a landowner a written determination of fees owed under this subchapter before approving a plan application but may only collect a fee authorized under this subchapter as a precondition to the issuance of a final certificate of occupancy.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 H. Multifamily, Hotel, and Motel Parkland Dedication: Municipalities With Population of More Than 800,000 › Section 212.213. Appeal

Sec. 212.213.  APPEAL.  (a)  A landowner may appeal a determination made by a municipal department, board, or commission regarding any element of a parkland dedication requirement, including amount, orientation, or suitability, as that element applies to the landowner's property, to the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.  The appeal must include a requested adjudication of the issue in controversy.
(b)  A landowner may appeal a municipal planning commission's determination under Subsection (a) to the governing body of the municipality.
(c)  In an appeal under this section, a municipal planning commission or governing body of a municipality may uphold, reverse, or modify a parkland dedication requirement as applied to the landowner making the appeal.
(d)  A municipal planning commission or governing body of a municipality shall uphold, reverse, or modify a parkland dedication requirement that is the subject of an appeal not later than the 60th day after the date the appeal is filed with the commission or governing body. If the commission or governing body fails to act in accordance with this subsection, the parkland dedication requirement is considered resolved in favor of the landowner's requested adjudication.
Added by Acts 2023, 88th Leg., R.S., Ch. 493 (H.B. 1526), Sec. 1, eff. June 10, 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 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.
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 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.
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 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.
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 Z. Miscellaneous Provisions › Section 212.906. Certain Value-Based Fees and Disclosure of Certain Information Prohibited

Sec. 212.906.  CERTAIN VALUE-BASED FEES AND DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.  (a)  This section applies only to an application, review, engineering, inspection, acceptance, administrative, or other fee imposed by a municipality related to the acceptance, review, or processing of engineering or construction plans or for the inspection of improvements for construction of a subdivision or lot or a related improvement associated with or required in conjunction with that construction.
(b)  A municipality may not consider the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of a fee subject to this section.  The municipality shall determine the fee by considering the municipality's actual cost to, as applicable, review and process the engineering or construction plan or to inspect the public infrastructure improvement.
(c)  In determining the municipality's actual cost for reviewing and processing an engineering or construction plan or inspecting a public infrastructure improvement under Subsection (b), a municipality may consider:
(1)  the fee that would be charged by a qualified, independent third-party entity for those services;
(2)  the hourly rate for the estimated actual direct time of the municipality's employees performing those services; or
(3)  the actual costs assessed to the municipality by a third-party entity that provides those services to the municipality.
(d)  A municipality may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling or the public infrastructure improvements for a subdivision, lot, or related property development as a condition of obtaining approval for subdivision construction or for the acceptance of those public infrastructure improvements except as required by the Federal Emergency Management Agency for participation in the National Flood Insurance Program.
(e)  A municipality that imposes a fee for reviewing or processing an engineering or construction plan or inspecting a public infrastructure improvement shall annually publish the fee and the hourly rate and estimated direct time incurred by municipal employees for a fee calculated under Subsection (c)(2).  The municipality must publish the information:
(1)  on the municipality's Internet website; or
(2)  if the municipality does not maintain an Internet website, in a newspaper of general circulation in the county in which the municipality is primarily located.
Added by Acts 2023, 88th Leg., R.S., Ch. 534 (H.B. 3492), Sec. 1, 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 213 - Municipal Comprehensive Plans › Section 213.001. Purpose

Sec. 213.001.  PURPOSE.  The powers granted under this chapter are for the purpose of promoting sound development of municipalities and promoting public health, safety, and welfare.
Added by Acts 1997, 75th Leg., ch. 459, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 219.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(2), 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 213 - Municipal Comprehensive Plans › Section 213.002. Comprehensive Plan

Sec. 213.002.  COMPREHENSIVE PLAN.  (a)  The governing body of a municipality may adopt a comprehensive plan for the long-range development of the municipality.  A municipality may define the content and design of a comprehensive plan.
(b)  A comprehensive plan may:
(1)  include but is not limited to provisions on land use, transportation, and public facilities;
(2)  consist of a single plan or a coordinated set of plans organized by subject and geographic area;  and
(3)  be used to coordinate and guide the establishment of development regulations.
(c)  A municipality may define, in its charter or by ordinance, the relationship between a comprehensive plan and development regulations and may provide standards for determining the consistency required between a plan and development regulations.
(d)  Land use assumptions adopted in a manner that complies with Subchapter C, Chapter 395, may be incorporated in a comprehensive plan.
Added by Acts 1997, 75th Leg., ch. 459, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 219.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(2), eff. Sept. 1, 2001.
Sec. 213.003.  ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.  (a)  A comprehensive plan may be adopted or amended by ordinance following:
(1)  a hearing at which the public is given the opportunity to give testimony and present written evidence;  and
(2)  review by the municipality's planning commission or department, if one exists.
(b)  A municipality may establish, in its charter or by ordinance, procedures for adopting and amending a comprehensive plan.
Added by Acts 1997, 75th Leg., ch. 459, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.07, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(2), 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 213 - Municipal Comprehensive Plans › Section 213.004. Effect on Other Municipal Plans

Sec. 213.004.  EFFECT ON OTHER MUNICIPAL PLANS.  This chapter does not limit the ability of a municipality to prepare other plans, policies, or strategies as required.
Added by Acts 1997, 75th Leg., ch. 459, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 219.004 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(2), 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 213 - Municipal Comprehensive Plans › Section 213.005. Notation on Map of Comprehensive Plan

Sec. 213.005.  NOTATION ON MAP OF COMPREHENSIVE PLAN.  A map of a comprehensive plan illustrating future land use shall contain the following clearly visible statement:  "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries."
Added by Acts 1997, 75th Leg., ch. 459, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 219.005 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(2), 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 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.