Texas 2023 - 88th Regular

Texas House Bill HB3921 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26397 MP-D
2	2	By: Goldman H.B. No. 3921
3	3	Substitute the following for H.B. No. 3921:
4	4	By: Burns C.S.H.B. No. 3921
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to size and density requirements for residential lots in
10	10	certain municipalities; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 211, Local Government Code, is amended
13	13	by adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN
15	15	MUNICIPALITIES
16	16	Sec. 211.051. DEFINITION. In this subchapter, "small lot"
17	17	means a residential lot that is 4,000 square feet or less.
18	18	Sec. 211.052. APPLICABILITY. This subchapter applies only
19	19	to a municipality:
20	20	(1) with a population of 85,000 or more; and
21	21	(2) that is wholly or partly located in a county with a
22	22	population of one million or more.
23	23	Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
24	24	may not be construed to affect requirements directly related to
25	25	sewer or water services.
26	26	Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
27	27	PROHIBITED. A municipality may not adopt or enforce an ordinance,
28	28	rule, or other measure that requires:
29	29	(1) a residential lot to be:
30	30	(A) larger than 2,500 square feet;
31	31	(B) wider than 16 feet; or
32	32	(C) deeper than 30 feet; or
33	33	(2) if regulating the density of dwelling units on a
34	34	residential lot, a ratio of dwelling units per acre that results in
35	35	fewer than 31.1 units per acre.
36	36	Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
37	37	or enforce an ordinance, rule, or other measure that requires a
38	38	small lot to have:
39	39	(1) a building, waterway, plane, or other setback
40	40	greater than:
41	41	(A) five feet from the front or back of the
42	42	property; or
43	43	(B) five feet from the side of the property;
44	44	(2) covered parking;
45	45	(3) more than one parking space per unit;
46	46	(4) off-site parking;
47	47	(5) more than 30 percent open space or permeable
48	48	surface;
49	49	(6) fewer than three full stories not exceeding 10
50	50	feet in height measured from the interior floor to ceiling;
51	51	(7) a maximum building bulk;
52	52	(8) a wall articulation requirement; or
53	53	(9) any other zoning restriction that imposes
54	54	restrictions inconsistent with this subsection, including
55	55	restrictions through contiguous zoning districts or uses or from
56	56	the creation of an overlapping zoning district.
57	57	(b) A municipality may require with respect to a small lot:
58	58	(1) the sharing of a driveway with another lot; or
59	59	(2) permitting fees equivalent to the permitting fees
60	60	charged for the development of a lot the use of which is restricted
61	61	to a single-family residence.
62	62	Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
63	63	subchapter does not prohibit a municipality from imposing
64	64	restrictions that are applicable to all similarly situated lots or
65	65	subdivisions, including requiring all subdivisions or all small
66	66	lots to fully mitigate stormwater runoff.
67	67	Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
68	68	OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
69	69	property owners from enforcing rules or deed restrictions imposed
70	70	by a homeowners' association or by other private agreement.
71	71	Sec. 211.058. SPECIAL EXCEPTION. (a) The owner of a
72	72	property that is subject to the provisions of this subchapter may
73	73	apply for a special exception from the lot or building requirements
74	74	of this subchapter.
75	75	(b) An application submitted under Subsection (a) must:
76	76	(1) propose to exempt a contiguous area subject to
77	77	this subchapter and designated only for single-family residential
78	78	use; and
79	79	(2) demonstrate:
80	80	(A) the approval of at least 51 percent of the
81	81	owners of the property located on a block face that is the subject
82	82	of the application, if the application proposes to exempt an area
83	83	containing all lots located on at least one block face and not more
84	84	than two opposing block faces; or
85	85	(B) the approval of at least 55 percent of the
86	86	owners of property located in the area that is the subject of the
87	87	application, if the application proposes to exempt an area
88	88	containing:
89	89	(i) all lots located on at least five block
90	90	faces composed of five or more lots; and
91	91	(ii) not more than 500 lots within the same
92	92	subdivision plat or 400 lots within two or more subdivision plats.
93	93	(c) A municipality shall adopt procedures that comply with
94	94	this chapter for providing notice, a hearing, and appeal of any
95	95	decision to approve or deny an application submitted under
96	96	Subsection (a).
97	97	(d) A special exception granted under this section may not
98	98	require a property to exceed the minimum lot size requirements for
99	99	other properties subject to the zoning regulations applicable to
100	100	the property.
101	101	Sec. 211.059. PROPERTY OWNER ACTION. (a) A property owner
102	102	may bring an action against a municipality that violates this
103	103	subchapter for damages resulting from the violation and appropriate
104	104	equitable relief.
105	105	(b) A court may award a prevailing claimant reasonable
106	106	attorney's fees incurred in bringing an action under this section.
107	107	The claimant may not recover exemplary damages in the action.
108	108	(c) Governmental immunity of a municipality to suit and from
109	109	liability is waived to the extent of liability created by this
110	110	section.
111	111	SECTION 2. This Act takes effect September 1, 2023.