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.Tex. Loc. Gov't. Code § 212.135
Amended By Acts 2005, 79th Leg., Ch. 1321, Sec. 2, eff. 9/1/2005.Added by Acts 2001, 77th Leg., ch. 441, Sec. 1, eff. 9/1/2001.