Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 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 shall, not later than the 30th day before the date of a hearing:
(1) publish notice of the time and place of the hearing in a newspaper of general circulation in the municipality; and
(2) send notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary requesting notice of the hearing within two years preceding the date of adoption of the ordinance or resolution setting the public hearing.
(c) The governing body of a municipality shall hold two public hearings on a moratorium on property development proposed to be adopted under this subchapter. The governing body may not hold the second public hearing before the 30th day after the date of the first public hearing.
(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.
(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.
(f) Not later than the 12th day after the date of the second public hearing, the governing body of the municipality shall begin a final determination on the imposition of a moratorium by giving the ordinance imposing the moratorium at least two readings that are not less than 28 days apart. The ordinance must receive the affirmative vote of at least three-fourths of all members of the governing body on final reading in order to take effect. If the governing body fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, the municipality may not adopt the ordinance.
Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 1, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.

Where this section sits in the code

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

(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 shall, not later than the 30th day before the date of a hearing:

(1) publish notice of the time and place of the hearing in a newspaper of general circulation in the municipality; and

(2) send notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the municipal secretary requesting notice of the hearing within two years preceding the date of adoption of the ordinance or resolution setting the public hearing.

(c) The governing body of a municipality shall hold two public hearings on a moratorium on property development proposed to be adopted under this subchapter. The governing body may not hold the second public hearing before the 30th day after the date of the first public hearing.

(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.

(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.

(f) Not later than the 12th day after the date of the second public hearing, the governing body of the municipality shall begin a final determination on the imposition of a moratorium by giving the ordinance imposing the moratorium at least two readings that are not less than 28 days apart. The ordinance must receive the affirmative vote of at least three-fourths of all members of the governing body on final reading in order to take effect. If the governing body fails to adopt an ordinance imposing a moratorium within the period prescribed by this subsection, the municipality may not adopt the ordinance.

Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 414 (H.B. 2559), Sec. 3(1), eff. September 1, 2025.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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