By: Stucky H.B. No. 3135
A BILL TO BE ENTITLED
AN ACT
relating to the review, adoption, and modification of land
development regulations by certain municipalities, counties, and
special districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. REVIEW, ADOPTION, AND MODIFICATION OF LAND
DEVELOPMENT REGULATIONS
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Land development regulation" means an ordinance,
order, rule, or other regulation or standard of a political
subdivision that regulates:
(A) zoning;
(B) subdivision requirements;
(C) development review and planning
requirements;
(D) commercial, residential, and multifamily
building and construction codes;
(E) fire, electric, heating, plumbing, energy
conservation, water, and flooding codes;
(F) development license, permit, and application
fees; or
(G) any other related aspect of land development
as determined by the political subdivision.
(2) "Political subdivision" means a:
(A) county; or
(B) municipality.
Sec. 247.002. APPLICABILITY. This chapter applies only to
a political subdivision with a population of 200,000 or more that
imposes a tax.
Sec. 247.003. REVIEW OF EXISTING LAND DEVELOPMENT
REGULATIONS. (a) The governing body of a political subdivision
shall review the costs, benefits, and risks of the existing land
development regulations of the political subdivision.
(b) The governing body shall review each existing land
development regulation at least once every 10 years.
(c) A review of a land development regulation under this
section must consider:
(1) the regulation's impact on housing development;
(2) whether the regulation remains appropriate and
benefits landowners, residents, or the public;
(3) whether the regulation impedes the use of
technologies and techniques that conserve energy or water;
(4) the benefits of the regulation for affected
parties;
(5) the extent to which landowners, residents, or the
public incur costs as a result of the regulation;
(6) the effect on persons regulated under the
regulation; and
(7) the administrative or enforcement costs for the
regulation that are paid by taxpayers.
(d) In reviewing a land development regulation under this
section, the governing body of the political subdivision shall hold
at least one public hearing and provide an opportunity for public
comment.
(e) On completing a review of a land development regulation
under this section, the governing body of the political subdivision
shall repeal, amend, or readopt the regulation. The governing body
shall repeal or amend a regulation that interferes with the
production of new housing or development related to existing
housing.
Sec. 247.004. IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT
OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS. (a) Before the
governing body of a political subdivision may adopt or modify a land
development regulation, the governing body shall analyze the costs,
benefits, and risks of the proposed regulation and issue an impact
statement.
(b) An impact statement required by Subsection (a) must
include:
(1) an analysis of the fiscal impact of the proposed
land development regulation;
(2) a determination of whether the proposed land
development regulation provides benefits to the health and welfare
of the residents of the political subdivision that adopted or
modified the regulation that outweigh any costs found by the
analysis required by Subdivision (1); and
(3) the proposed land development regulation's impact
on housing costs in the political subdivision.
(c) A political subdivision may adopt or modify a proposed
land development regulation only if the political subdivision
determines that the regulation:
(1) is consistent with the political subdivision's
public health and safety priorities;
(2) has a minimal fiscal impact; and
(3) positively impacts or does not adversely impact
housing costs for residents of the political subdivision.
(d) A political subdivision shall make an impact statement
required by Subsection (a) available for review by the public.
SECTION 2. Not later than September 1, 2028, the governing
body of each municipality, county, and special purpose district
shall conduct an initial review of each land development regulation
under Section 247.003, Local Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.