CHAPTER 371. MUNICIPAL PLANNING AND GROWTH
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.
(c) A member's service on the board does not invalidate a
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.
(c) The planning commission shall meet and determine the area
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.
(c) To prepare the master plan, a joint planning commission may:
(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.