88R2888 MP-D
By: Bettencourt S.B. No. 1787
A BILL TO BE ENTITLED
AN ACT
relating to size and density requirements for residential lots in
certain municipalities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 211, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN MUNICIPALITIES
LOCATED IN COUNTIES OF 300,000 OR MORE
Sec. 211.051. DEFINITION. In this subchapter, "small lot"
means a residential lot that is 4,000 square feet or less.
Sec. 211.052. APPLICABILITY. This subchapter applies only
to a municipality that is wholly or partly located in a county with
a population of 300,000 or more.
Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to affect sewer or water requirements or the
rules or deed restrictions imposed by a homeowners' association.
Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
PROHIBITED. A municipality may not adopt or enforce an ordinance,
rule, or other measure that requires:
(1) a residential lot to be:
(A) larger than 1,400 square feet;
(B) wider than 20 feet; or
(C) deeper than 60 feet; or
(2) if regulating the density of dwelling units on a
residential lot, a ratio of dwelling units per acre that results in
fewer than 31.1 units per acre.
Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
or enforce an ordinance, rule, or other measure that requires a
small lot to have:
(1) a building setback greater than:
(A) ten feet from the front or back of the
property; or
(B) five feet from the side of the property;
(2) covered parking;
(3) more than one parking space per unit;
(4) off-site parking;
(5) more than 30 percent open space or permeable
surface; or
(6) fewer than three full stories.
(b) A municipality may require with respect to a small lot:
(1) the sharing of a driveway with another lot; or
(2) permitting fees equivalent to the permitting fees
charged for the development of a lot the use of which is restricted
to a single-family residence.
Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
subchapter does not prohibit a municipality from imposing
restrictions that are applicable to all similarly situated lots or
subdivisions, including requiring all subdivisions or all small
lots to fully mitigate stormwater runoff.
SECTION 2. This Act takes effect September 1, 2023.