Tex. Local Gov't Code Section 212.135
Justification for Moratorium: Shortage of Essential Public Facilities; Written Findings Required

(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.

(b)

The written findings must include a summary of:

(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:

(A)

any essential public facilities currently operating near, at, or beyond capacity;

(B)

the portion of that capacity committed to the development subject to the moratorium; and

(C)

the impact fee revenue allocated to address the facility need; and

(2)

evidence demonstrating that the moratorium is reasonably limited to:

(A)

areas of the municipality where a shortage of essential public facilities would otherwise occur; and

(B)

property that has not been approved for development because of the insufficiency of existing essential public facilities.
Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1321 (H.B. 3461), Sec. 2, eff. September 1, 2005.

Source: Section 212.135 — Justification for Moratorium: Shortage of Essential Public Facilities; Written Findings Required, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­212.­htm#212.­135 (accessed Jun. 5, 2024).

212.001
Definitions 212.002
Rules 212.003
Extension of Rules to Extraterritorial Jurisdiction 212.004
Plat Required 212.005
Approval by Municipality Required 212.006
Authority Responsible for Approval Generally 212.007
Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More than One Municipality 212.008
Application for Approval 212.009
Approval Procedure: Initial Approval 212.010
Standards for Approval 212.011
Effect of Approval on Dedication 212.012
Connection of Utilities 212.013
Vacating Plat 212.014
Replatting Without Vacating Preceding Plat 212.0015
Construction of Subchapter 212.015
Additional Requirements for Certain Replats 212.016
Amending Plat 212.017
Conflict of Interest 212.018
Enforcement in General 212.0021
Subdivision Requirements 212.0025
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction 212.041
Municipality Covered by Subchapter 212.042
Application of Subchapter a 212.043
Definitions 212.044
Plans, Rules, and Ordinances 212.0045
Exception to Plat Requirement: Municipal Determination 212.045
Development Plat Required 212.0046
Exception to Plat Requirement: Certain Property Abutting Aircraft Runway 212.046
Restriction on Issuance of Building and Other Permits by Municipality, County, or Official of Other Governmental Entity 212.047
Approval of Development Plat 212.048
Effect of Approval on Dedication 212.049
Building Permits in Extraterritorial Jurisdiction 212.050
Enforcement 212.0065
Delegation of Approval Responsibility 212.071
Developer Participation Contract 212.072
Duties of Parties Under Contract 212.073
Performance Bond 212.074
Additional Safeguards 212.0081
Required Application Materials 212.0085
Approval Procedure: Applicability 212.0091
Approval Procedure: Conditional Approval or Disapproval Requirements 212.0093
Approval Procedure: Applicant Response to Conditional Approval or Disapproval 212.0095
Approval Procedure: Approval or Disapproval of Response 212.0096
Approval Procedure: Alternative Approval Process 212.0097
Approval Procedure: Waiver Prohibited 212.0099
Judicial Review of Disapproval 212.0101
Additional Requirements: Use of Groundwater 212.101
Application of Subchapter to Certain Home-rule Municipality 212.102
Definitions 212.103
Traffic or Traffic Operations 212.104
Provision Not Enforceable 212.105
Subchapter Controls 212.0105
Water and Sewer Requirements in Certain Counties 212.0106
Bond Requirements and Other Financial Guarantees in Certain Counties 212.0115
Certification Regarding Compliance with Plat Requirements 212.131
Definitions 212.132
Applicability 212.133
Procedure for Adopting Moratorium 212.134
Notice and Public Hearing Requirements 212.135
Justification for Moratorium: Shortage of Essential Public Facilities 212.136
Expiration of Moratorium 212.137
Waiver Procedures Required 212.138
Effect on Other Law 212.139
Limitation on Moratorium 212.0145
Replatting Without Vacating Preceding Plat: Certain Subdivisions 212.0146
Replatting Without Vacating Preceding Plat: Certain Municipalities 212.151
Municipality Covered by Subchapter 212.152
Definition 212.153
Suit to Enforce Restrictions 212.154
Limitation on Enforcement 212.0155
Additional Requirements for Certain Replats Affecting a Subdivision Golf Course 212.155
Notice to Purchasers 212.156
Enforcement by Ordinance 212.157
Governmental Function 212.158
Effect on Other Law 212.171
Applicability 212.172
Development Agreement 212.173
Certain Coastal Areas 212.174
Municipal Utilities 212.0175
Enforcement in Certain Counties 212.201
Definitions 212.202
Applicability 212.203
Construction 212.204
Exclusive Authority 212.205
Parkland Dedication, Fee, or Combination 212.206
Request for Parkland Dedication Determination 212.207
Parkland Dedication Authority 212.208
Limitation on Parkland Dedication Amount 212.209
Initial Requirements for Determining Fees 212.210
General Requirements for Calculation of Fees 212.211
Requirements Calculation of Fees for Municipalities with Low Fees 212.212
Collection of Fees 212.213
Appeal 212.901
Developer Required to Provide Surety 212.902
School District and Open-enrollment Charter School Land Development Standards 212.903
Construction and Renovation Work on County-owned Buildings or Facilities in Certain Counties 212.904
Apportionment of Municipal Infrastructure Costs 212.905
Regulation of Tree Removal 212.906
Certain Value-based Fees and Disclosure of Certain Information Prohibited 212.1351
Justification for Moratorium: Significant Need for Public Facilities 212.1352
Justification for Commercial Moratorium in Certain Circumstances 212.1361
Notice for Extension Required 212.1362
Expiration of Moratorium on Commercial Property in Certain Circumstances 212.1535
Foreclosure by Property Owners’ Association
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Accessed:
Jun. 5, 2024

§ 212.135’s source at texas​.gov