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 1.3 million 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.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 184, eff. September 1, 2023.

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.