Land Use & Property Rights
IGR Interim Committee Report skips specific recommendations and offers 15 broad recommendations for handling local governments:
The legislature should consider providing consistency and eliminating the possibility of variances by strengthening the uniformity in ordinance procedures and standards.
The legislature should improve transparency and find a more appropriate balance between drafting ordinances and providing ordinance information to voters by supporting reforms that provide increased transparency through best practices in Texas statutes that provide a common-sense standard in regard to the process, form, and model language.
The legislature should weigh-in and afford, at minimum, critical criteria to ensure that ballot language is not misleading by codifying the recent Texas Supreme Court decision that establishes the “definiteness and certainty” standard in the wording of the ordinances.
The legislature should take steps to ensure that when local jurisdictions are found by a court of law to have purposely included misleading chief features of an ordinance, measured through their word choice, that safeguards are provided in statutes to eliminate the burden on taxpayers challenging propositions that lack definiteness and certainty.
The legislature should consider developing a process or establishing an advisory entity that can develop model guidelines, language, and enforcement measures to ensure greater transparency and compliance with state law in ordinance development, drafting, and balloting.
The legislature should find a better balance in election contests so as to encourage greater citizen participation, while safeguarding the integrity of ordinance making by jurisdictions.
The legislature should strengthen the delicate balance between cities wishing to expand their jurisdiction and safeguarding private property rights by increasing transparency in the annexation process through greater notice requirements for impacted stakeholders.
In order to improve the annexation process and provide greater transparency and informed consent to those impacted, the legislature should consider updating the annexation process to provide guidance regarding parcels of land subject to a 3-year annexation plan.
The legislature should strengthen the annexation process by encouraging greater citizen participation from those impacted by a proposed annexation plan.
The legislature should ensure uniform structure and procedures that eliminate unnecessary and burdensome administrative requirements that impede citizen interaction in locally-driven petitions.
The legislature should build-in better statutory safeguards to facilitate greater citizen compliance with administrative petition requirements.
In order to enhance greater citizen participation and increase uniformity, the legislature should establish uniform thresholds for citizen petitions.
The legislature should consider providing basic essential information that will inform voters of the potential impact of the issuance of new fiscal obligations.
The legislature should consider the different possibilities of informing potential voters of the chief measures found in aggregate-item elections.
The term of new bond debt should not exceed the life of the capital improvements financed by bond proceeds; and unspent bond proceeds should not be used for projects other than those approved by voters at the ballot box.
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