| 1 | 1 | | By: Stucky H.B. No. 3135 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the review, adoption, and modification of land |
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| 7 | 7 | | development regulations by certain municipalities, counties, and |
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| 8 | 8 | | special districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 247 to read as follows: |
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| 12 | 12 | | CHAPTER 247. REVIEW, ADOPTION, AND MODIFICATION OF LAND |
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| 13 | 13 | | DEVELOPMENT REGULATIONS |
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| 14 | 14 | | Sec. 247.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Land development regulation" means an ordinance, |
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| 16 | 16 | | order, rule, or other regulation or standard of a political |
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| 17 | 17 | | subdivision that regulates: |
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| 18 | 18 | | (A) zoning; |
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| 19 | 19 | | (B) subdivision requirements; |
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| 20 | 20 | | (C) development review and planning |
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| 21 | 21 | | requirements; |
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| 22 | 22 | | (D) commercial, residential, and multifamily |
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| 23 | 23 | | building and construction codes; |
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| 24 | 24 | | (E) fire, electric, heating, plumbing, energy |
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| 25 | 25 | | conservation, water, and flooding codes; |
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| 26 | 26 | | (F) development license, permit, and application |
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| 27 | 27 | | fees; or |
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| 28 | 28 | | (G) any other related aspect of land development |
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| 29 | 29 | | as determined by the political subdivision. |
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| 30 | 30 | | (2) "Political subdivision" means a: |
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| 31 | 31 | | (A) county; or |
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| 32 | 32 | | (B) municipality. |
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| 33 | 33 | | Sec. 247.002. APPLICABILITY. This chapter applies only to |
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| 34 | 34 | | a political subdivision with a population of 200,000 or more that |
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| 35 | 35 | | imposes a tax. |
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| 36 | 36 | | Sec. 247.003. REVIEW OF EXISTING LAND DEVELOPMENT |
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| 37 | 37 | | REGULATIONS. (a) The governing body of a political subdivision |
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| 38 | 38 | | shall review the costs, benefits, and risks of the existing land |
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| 39 | 39 | | development regulations of the political subdivision. |
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| 40 | 40 | | (b) The governing body shall review each existing land |
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| 41 | 41 | | development regulation at least once every 10 years. |
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| 42 | 42 | | (c) A review of a land development regulation under this |
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| 43 | 43 | | section must consider: |
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| 44 | 44 | | (1) the regulation's impact on housing development; |
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| 45 | 45 | | (2) whether the regulation remains appropriate and |
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| 46 | 46 | | benefits landowners, residents, or the public; |
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| 47 | 47 | | (3) whether the regulation impedes the use of |
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| 48 | 48 | | technologies and techniques that conserve energy or water; |
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| 49 | 49 | | (4) the benefits of the regulation for affected |
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| 50 | 50 | | parties; |
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| 51 | 51 | | (5) the extent to which landowners, residents, or the |
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| 52 | 52 | | public incur costs as a result of the regulation; |
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| 53 | 53 | | (6) the effect on persons regulated under the |
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| 54 | 54 | | regulation; and |
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| 55 | 55 | | (7) the administrative or enforcement costs for the |
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| 56 | 56 | | regulation that are paid by taxpayers. |
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| 57 | 57 | | (d) In reviewing a land development regulation under this |
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| 58 | 58 | | section, the governing body of the political subdivision shall hold |
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| 59 | 59 | | at least one public hearing and provide an opportunity for public |
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| 60 | 60 | | comment. |
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| 61 | 61 | | (e) On completing a review of a land development regulation |
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| 62 | 62 | | under this section, the governing body of the political subdivision |
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| 63 | 63 | | shall repeal, amend, or readopt the regulation. The governing body |
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| 64 | 64 | | shall repeal or amend a regulation that interferes with the |
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| 65 | 65 | | production of new housing or development related to existing |
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| 66 | 66 | | housing. |
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| 67 | 67 | | Sec. 247.004. IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT |
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| 68 | 68 | | OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS. (a) Before the |
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| 69 | 69 | | governing body of a political subdivision may adopt or modify a land |
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| 70 | 70 | | development regulation, the governing body shall analyze the costs, |
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| 71 | 71 | | benefits, and risks of the proposed regulation and issue an impact |
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| 72 | 72 | | statement. |
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| 73 | 73 | | (b) An impact statement required by Subsection (a) must |
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| 74 | 74 | | include: |
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| 75 | 75 | | (1) an analysis of the fiscal impact of the proposed |
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| 76 | 76 | | land development regulation; |
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| 77 | 77 | | (2) a determination of whether the proposed land |
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| 78 | 78 | | development regulation provides benefits to the health and welfare |
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| 79 | 79 | | of the residents of the political subdivision that adopted or |
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| 80 | 80 | | modified the regulation that outweigh any costs found by the |
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| 81 | 81 | | analysis required by Subdivision (1); and |
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| 82 | 82 | | (3) the proposed land development regulation's impact |
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| 83 | 83 | | on housing costs in the political subdivision. |
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| 84 | 84 | | (c) A political subdivision may adopt or modify a proposed |
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| 85 | 85 | | land development regulation only if the political subdivision |
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| 86 | 86 | | determines that the regulation: |
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| 87 | 87 | | (1) is consistent with the political subdivision's |
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| 88 | 88 | | public health and safety priorities; |
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| 89 | 89 | | (2) has a minimal fiscal impact; and |
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| 90 | 90 | | (3) positively impacts or does not adversely impact |
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| 91 | 91 | | housing costs for residents of the political subdivision. |
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| 92 | 92 | | (d) A political subdivision shall make an impact statement |
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| 93 | 93 | | required by Subsection (a) available for review by the public. |
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| 94 | 94 | | SECTION 2. Not later than September 1, 2028, the governing |
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| 95 | 95 | | body of each municipality, county, and special purpose district |
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| 96 | 96 | | shall conduct an initial review of each land development regulation |
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| 97 | 97 | | under Section 247.003, Local Government Code, as added by this Act. |
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| 98 | 98 | | SECTION 3. This Act takes effect September 1, 2023. |
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