Texas 2023 - 88th Regular

Texas Senate Bill SB1787

Filed
3/7/23  
Out of Senate Committee
5/4/23  
Voted on by Senate
5/11/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

Impact

If enacted, SB 1787 is poised to significantly impact state laws governing land use and zoning, especially in densely populated areas. By imposing state-level restrictions on local zoning autonomy, the bill seeks to enhance housing availability and affordability. However, it restricts local governments' abilities to tailor their zoning laws to the unique situations of their communities, stirring a debate about the balance between state control and local governance. This could accelerate the creation of smaller, high-density housing units but might also result in less input from residents regarding land use decisions that directly affect their neighborhoods.

Summary

Senate Bill 1787, introduced by Senator Bettencourt, addresses size and density requirements for residential lots in municipalities located in counties with populations exceeding 300,000. The bill aims to establish standardized regulations that prevent local governments from imposing stricter zoning laws regarding residential lot sizes and densities. Specifically, the legislation prohibits municipalities from setting minimum lot sizes greater than 1,400 square feet or from enforcing rules that limit certain building dimensions. The bill thus intends to facilitate the development of smaller, more affordable homes in urban areas facing housing shortages.

Sentiment

The general sentiment surrounding SB 1787 showcases a divided opinion among stakeholders. Proponents argue that the bill is a vital step towards combating the housing crisis by increasing the availability of affordable housing and simplifying the development process for smaller lots. However, opponents contend that the bill infringes upon local governance by stripping municipalities of their power to regulate land use according to the needs of their communities. This has led to concerns about inadequate representation of local interests in housing developments and the potential for diminished community identity as urban areas adapt to state-mandated standards.

Contention

Key points of contention regarding SB 1787 center on the implications for local government authority and the potential homogenization of residential developments across diverse municipalities. Critics, including city officials and housing advocates, express that the legislation could impose a one-size-fits-all approach to zoning, which fails to recognize the varying needs of different neighborhoods. The bill also raises questions about the environmental impact of increased density and whether it provides adequate infrastructure to support the anticipated growth. Overall, the discussions highlight broader themes of governance, representation, and community resilience.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 211. Municipal Zoning Authority
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3921

Identical Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

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