Sec. 311.0087. RESTRICTION ON POWERS OF CERTAIN MUNICIPALITIES. (a) This section applies only to a proposed reinvestment zone:
(1) the designation of which is requested in a petition submitted under Section 311.005(a)(4) before July 31, 2004, to the governing body of a home-rule municipality that:
(A) has a population of more than 1.1 million;
(B) is located primarily in a county with a population of 1.5 million or less; and
(C) has created at least 20 reinvestment zones under this chapter; and
(2) that is the subject of a resolution of intent that was adopted before October 31, 2004, by the governing body of the municipality.
(b) If the municipality imposes a fee of more than $25,000 for processing the petition, the municipality may not require a property owner who submitted the petition, as a condition of designating the reinvestment zone or approving a development agreement, interlocal agreement, or project plan for the proposed reinvestment zone:
(1) to waive any rights of the owner under Chapter 245, Local Government Code, or under any agreed order or settlement agreement to which the municipality is a party;
(2) to dedicate more than 20 percent of the owner's land in the area described in the petition as open-space land; or
(3) to use a nonconventional use pattern for a development to be located within the proposed reinvestment zone.
Added by Acts 2005, 79th Leg., Ch. 1347 (S.B. 771), Sec. 3, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 14.005, eff. September 1, 2007.
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