File #: 19-0006M2    Name: Legislative Updates
Type: Agenda Item Status: Discussion Item
In control: Planning & Zoning Commission
On agenda: 7/23/2019 Final action:
Title: Consider/Discuss Legislative Updates and Upcoming Ordinance Amendments from the 86th Legislature
Attachments: 1. HB 2439, 2. HB 3167, 3. HB 3314, 4. Presentation
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Title
Consider/Discuss Legislative Updates and Upcoming Ordinance Amendments from the 86th Legislature

Summary

COUNCIL GOAL: Operational Excellence
(2C: Identify opportunities for internal efficiencies and continuous improvement to effect a high performing organizational culture)


MEETING DATE: July 23, 2019

DEPARTMENT: Planning

CONTACT: Samantha Pickett, AICP, Planning Manager
Jennifer Arnold, AICP, Director of Planning
David Soto, Planner I
Kaitlin Gibbon, Planner I


ITEM SUMMARY:
* Following the closing of the 86th Legislature, several changes to Texas Local Government Code were adopted on June 16, 2019 and will take effect on September 1, 2019, including:

o HB No. 2439 which limits governmental entities from adopting or enforcing a rule, ordinance, code, or provision that "prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building" if it is allowed by a nation model code.

* Restricts a City's ability to require a certain material, percentages of materials, or mix of materials.

* Applies retroactively; meaning that as of September 1, Staff will no longer be able to enforce material regulations dictated by the Zoning Ordinance or by existing Planned Development Districts.

* Does not apply to our historic areas

o HB No. 3167 which requires "the municipal authority responsible for approval plats... approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed".

* Plat or Plan includes all plat types as well as site plans

* Requires that upon "filing" (tentatively established as having submitted the required documents and paid), the plat or plan must be acted on by Staff or brought the appropriate board (Planning and Zoning Commission or City Council) within 30 calendar days.

* Action includes approval, approval with conditions, or dis...

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