79R1088 PAM-D

By:  Baxter                                                       H.B. No. 3461



A BILL TO BE ENTITLED

AN ACT

relating to the manner in which a municipality may impose a 
moratorium on commercial property development.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 212.131, Local Government Code, is 
amended by amending Subdivision (3) and adding Subdivision (4) to 
read as follows:
		(3)  "Property development" means the new construction 
of residential or commercial buildings on vacant land.
		(4)  "Commercial property" means property zoned for or 
otherwise authorized for commercial use but excluding industrial 
use.
	SECTION 2.  Section 212.132, Local Government Code, is 
amended to read as follows:
	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.
	SECTION 3.  (a)  This Act applies to a moratorium adopted on 
or after the effective date of this Act.
	(b)  If a moratorium affecting commercial property was 
adopted by a municipality before the effective date of this Act and, 
under the terms of the moratorium, remains in effect later than the 
120th day after the effective date of this Act, the municipality 
must comply with Section 212.136, Local Government Code, to 
continue the moratorium in effect later than the 120th day after the 
effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.