Texas 2023 - 88th Regular

Texas House Bill HB3921

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

Caption

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

Impact

By restricting local zoning authority, HB3921 aims to promote housing affordability while potentially increasing housing density in urban regions. The bill has significant implications for local land use regulations, as municipalities will lose some control over how they can legislate residential zoning. Cities like Dallas have voiced opposition, arguing that the bill undermines local governance and fails to consider unique community needs, especially regarding sensitive environmental areas and infrastructure demands.

Summary

House Bill 3921 seeks to amend residential size and density requirements for municipalities with populations of 85,000 or more, specifically those in counties with populations of over one million. The legislation prohibits local governments from enforcing ordinances that require larger residential lot sizes than 2,500 square feet or fewer than 31.1 housing units per acre. In doing so, it aims to simplify the construction of affordable housing and streamline development processes in high-demand areas, addressing the pressing issue of housing shortages in Texas.

Sentiment

The sentiment surrounding the bill appears divided. Proponents, including members of specific housing advocacy groups, see it as a vital step toward unclogging barriers to affordable housing construction, emphasizing the need for more residences in urban centers facing high demand. Conversely, opponents argue that the bill threatens the character of communities and diminishes local authority, potentially leading to unplanned developments that do not align with residents' needs.

Contention

Notable points of contention include fears among local government representatives and community advocates regarding the potential for overdevelopment and its environmental impact. Critics emphasized that while the intention to increase housing supply is commendable, the broad application of the bill could result in inappropriate developments in sensitive areas and diminish the ability of cities to tailor regulations to meet local contexts. As the discussions progressed, the need for a careful balance between state and local governance in land use policy emerged as a critical issue.

Texas Constitutional Statutes Affected

Local Government Code

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

Companion Bills

TX SB1787

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

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