{"data":{"id":"us-tx/tex.-local-government-code-212.135","jurisdiction":"us-tx","citation":"Tex. Local Government Code § 212.135","heading":"JUSTIFICATION FOR MORATORIUM: SHORTAGE OF ESSENTIAL PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED.","body":"(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.\n(b) The written findings must include a summary of:\n(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:\n(A) any essential public facilities currently operating near, at, or beyond capacity;\n(B) the portion of that capacity committed to the development subject to the moratorium; and\n(C) the impact fee revenue allocated to address the facility need; and\n(2) evidence demonstrating that the moratorium is reasonably limited to:\n(A) areas of the municipality where a shortage of essential public facilities would otherwise occur; and\n(B) property that has not been approved for development because of the insufficiency of existing essential public facilities.\nAdded by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.\nAmended by:\nActs 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.","path":["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"],"source_url":"https://statutes.capitol.texas.gov/Docs/LG/htm/LG.212.htm#212.135","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:27Z","sha256":"304f771525845cb93e9740d87d76f711e9c4e50e280df69856d49fa1e8a499d3","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-local-government-code-212.134","next":"us-tx/tex.-local-government-code-212.1351"},"notice":"GroundRules: Original legal text. Not legal advice."}