Relating to the authority of a municipality to regulate the number of dwellings allowed on certain property.
Impact
The enactment of HB 369 would solidify existing local regulations concerning single-family dwellings, limiting the ability of municipalities to increase housing density in areas where single-family zoning is currently in place. This may affect housing development strategies within cities, especially in urban areas experiencing population growth and housing shortages, as municipalities would find it difficult to adapt zoning laws to allow for multi-family units without following strict notification and consent procedures outlined in the bill.
Summary
House Bill 369 addresses the authority of municipalities in Texas regarding the regulation of single-family dwellings on certain properties. Specifically, it prohibits municipalities from adopting or enforcing any ordinance or zoning regulation that would permit the construction of more than one single-family dwelling on lots that were zoned for single-family use as of September 1, 2023, and which are located in subdivisions with existing developed lots. This legislation effectively maintains the status quo in these areas and restricts municipal flexibility in altering zoning classifications or regulations pertaining to the number of dwellings permitted on a single lot.
Contention
Notable points of contention surrounding HB 369 arise from its potential implications on housing policies and local governance. Proponents argue that the bill protects neighborhood character by preventing overcrowding and maintaining the integrity of single-family residential areas. On the contrary, opponents raise concerns that this legislative approach could exacerbate housing shortages in already dense urban regions, limiting the development of affordable housing options and constraining local governments' abilities to make decisions that reflect the needs of their communities. Furthermore, the requirement for municipal notification and consent before changing any regulations may serve to complicate efforts to address housing demand effectively.
Texas Constitutional Statutes Affected
Local Government Code
Chapter 212. Municipal Regulation Of Subdivisions And Property Development
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
Relating to the powers and duties of Port Freeport; limiting the authority of certain municipalities to regulate land use by Port Freeport; and the creation of a reinvestment zone containing property owned by Port Freeport.