Texas 2023 - 88th Regular

Texas Senate Bill SB491

Filed
1/18/23  
Out of Senate Committee
4/20/23  
Voted on by Senate
4/26/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to building height restrictions in certain municipalities.

Impact

If enacted, SB 491 will significantly alter the regulatory landscape for construction and urban development in larger Texas cities. By removing certain local height restrictions, the bill aims to facilitate the development of taller buildings, promoting a more efficient use of urban land. Supporters argue that this will lead to increased housing availability and economic growth, given reduced barriers for developers. However, the bill's implications extend beyond mere construction limits, potentially altering the character of some neighborhoods and affecting local property values and community aesthetics.

Summary

Senate Bill 491 aims to modify building height restrictions in municipalities with populations exceeding 725,000. The bill prohibits these municipalities from adopting or enforcing ordinances that limit the height of buildings based on their proximity to certain lots, specifically those located more than 50 feet away. This change is intended to streamline building practices in urban areas and increase the availability of housing by allowing for taller structures where previously limited by local regulation. The bill is positioned as a response to the housing shortage faced by many major Texas cities, where restrictive zoning laws have been criticized for exacerbating the issue.

Sentiment

The sentiment around SB 491 appears to be mixed among stakeholders. Proponents, including various real estate development groups and lawmakers advocating for housing reforms, perceive the bill as a necessary step to alleviate the housing crisis and stimulate local economies. However, opponents express concerns regarding the stripping of local control over zoning laws, arguing that it could lead to overcrowding and a loss of neighborhood character. This divide highlights the ongoing tensions between state legislative authority and local governance, particularly in urban planning and development issues.

Contention

Notable points of contention have emerged from discussions surrounding SB 491. Detractors emphasize the risks associated with increased building heights, including potential impacts on neighborhood dynamics and infrastructure strain. The bill also faced opposition from community advocacy groups who worry about the lack of local input on significant development decisions. The debate encapsulates broader discussions about urban growth management, the balance of power between state and local authorities, and the potential for unintended consequences in the efforts to increase housing availability.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 214. Municipal Regulation Of Housing And Other Structures
    • Section: 908
    • Section: 908
    • Section: 908
    • Section: 908

Companion Bills

TX HB2198

Identical Relating to building height restrictions in certain municipalities.

Similar Bills

No similar bills found.