CHAPTER 371. MUNICIPAL PLANNING AND GROWTH

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LOCAL GOVERNMENT CODE

TITLE 12. PLANNING AND DEVELOPMENT

SUBTITLE A. MUNICIPAL PLANNING AND DEVELOPMENT

CHAPTER 371. MUNICIPAL PLANNING AND GROWTH

SUBCHAPTER A. PROMOTIONAL ADVERTISING BY POPULOUS MUNICIPALITIES

Sec. 371.001. AUTHORITY TO APPROPRIATE; CREATION OF BOARD. (a)

The governing body of a municipality with a population of 900,000

or less may appropriate from its general fund an amount not to

exceed one percent of the general fund budget for that year for

the purpose of advertising the municipality and promoting its

growth and development.

(b) Before the governing body may spend money appropriated under

this section, the governing body shall create a citizens'

advisory board in accordance with this subchapter. The governing

body may give the board the name Municipal Board of Development

or another name.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 102, eff. Sept. 1,

1991.

Sec. 371.002. COMPOSITION OF BOARD. (a) The governing body of

the municipality shall appoint five members to the board.

(b) A board member serves two-year terms and may not receive

compensation for service on the board. A board member serves only

in an advisory capacity and is not a public officer or agent of

the municipality.

contract with the municipality in which the member has an

interest.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.003. DUTIES OF BOARD. (a) The board shall:

(1) investigate various methods of advertising and promoting the

municipality; and

(2) recommend to the governing body of the municipality:

(A) the best method of spending available funds for

advertisement and promotion; and

(B) the amount to be appropriated in the next budget of the

municipality for advertisement and promotion.

(b) A recommendation of the board is not binding on the

governing body of the municipality. The governing body shall

determine the methods of advertising and promotion to be used

and, subject to this subchapter, the amount to be appropriated.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.004. MANAGEMENT OF BOARD. To carry out this

subchapter, the governing body of the municipality may appoint a

person to manage the promotion, development, tourism, and

convention activities of the municipality or may designate an

official of the municipality to perform that function. The person

appointed or designated shall serve ex officio as secretary of

the board created for the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.005. CUMULATIVE EFFECT. This subchapter is cumulative

of powers that a municipality obtains under its charter and does

not impair such a power.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. APPROPRIATIONS FOR PROMOTIONAL ADVERTISING BY

GENERAL-LAW MUNICIPALITIES

Sec. 371.021. APPROPRIATION OF FUNDS FOR ADVERTISING. (a) The

governing body of a general-law municipality may appropriate from

its general fund an amount not to exceed five cents per $100

assessed valuation for the purpose of advertising the

municipality and promoting its growth and development.

(b) Before the governing body may appropriate money under this

section, a majority of voters voting in an election on the issue

must approve the authority of the governing body to make

appropriations under this section not to exceed the limit imposed

by Subsection (a).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. JOINT MUNICIPAL PLANNING

Sec. 371.041. PLANNING; FUNDING. A municipality may compile

statistics, conduct studies, and formulate plans related to

future growth and development of the municipality. The

municipality must pass an ordinance authorizing the expenditure

of funds for those purposes before making the expenditures.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.042. CREATION OF JOINT PLANNING COMMISSION. (a) If

the area in which a municipality may exercise zoning authority is

adjacent to any area in which one or more other municipalities

may exercise zoning authority, the municipality may participate

in a joint planning commission with one or more of the other

municipalities. To participate in a joint planning commission, a

municipality must adopt the provisions of this subchapter.

(b) The governing bodies of each municipality participating in a

joint planning commission shall appoint an equal number of

representatives to the planning commission.

under its jurisdiction, describe the area by metes and bounds in

writing and on a map, and file a copy of the description with the

county clerk of the county in which the municipalities are

located.

(d) A municipality participating in the planning commission may

contribute to or spend public funds for the commission to achieve

the purposes of the commission.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.043. MASTER PLAN; OTHER DUTIES. (a) A joint planning

commission shall prepare an organized master plan for the orderly

growth of the area under the jurisdiction of the commission. In

addition to other provisions, the plan must include:

(1) highway design;

(2) street and park layout; and

(3) designation of areas for the location of schools,

residences, business and commerce, industry, and water

reservoirs.

(b) For a master plan to be effective, each municipality in the

area must approve the plan.

(1) employ engineers, clerks, secretaries, and other

administrative and field personnel; and

(2) make aerial photographs, land surveys, and topography

studies.

(d) A joint planning commission shall:

(1) keep a complete record of all of its expenditures, meetings,

activities, and plans;

(2) submit to each municipality participating in the commission

regular reports stating the commission's income, expenditures,

accounts, and progress; and

(3) prepare and submit to each municipality participating in the

commission an annual audit of expenditures, accounts, and funds

under the supervision of the commission.

(e) A joint planning commission shall make any report, account,

or record requested by ordinance or resolution by a municipality

participating in the commission. Additionally, the commission

shall perform any other duty requested by ordinance or resolution

by a municipality if the duty is not inconsistent with the

purposes of this subchapter and the request is approved by a

majority of the governing bodies of the municipalities

participating in the commission.

(f) Any duty imposed on or power granted to a joint planning

commission under this section must be approved by ordinance by

each municipality participating in the commission.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.044. OPEN MEETINGS AND RECORDS. Meetings of a joint

planning commission are open to the public. Records, minutes,

books, and accounts of the commission are subject to public

inspection.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 371.045. CUMULATIVE EFFECT. Authority under this

subchapter is cumulative of other authority that a municipality

has to expend public funds from the municipal treasury for the

purposes of municipal planning and does not limit that other

authority.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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