By: Bettencourt S.B. No. 1787
(In the Senate - Filed March 7, 2023; March 20, 2023, read
first time and referred to Committee on Local Government;
May 4, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; May 4, 2023, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1787 By: West
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 requirements directly related to
sewer or water services.
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, waterway, plane, or other setback
greater than:
(A) five 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;
(6) fewer than three full stories not exceeding 10
feet in height measured from the interior floor to ceiling;
(7) a maximum building bulk;
(8) a wall articulation requirement; or
(9) any other zoning restriction that imposes
restrictions inconsistent with this subsection, including
restrictions through contiguous zoning districts or uses or from
the creation of an overlapping zoning district.
(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.
Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
property owners from enforcing rules or deed restrictions imposed
by a homeowners' association or by other private agreement.
Sec. 211.058. SPECIAL EXCEPTION. (a) The owner of a
property that is subject to the provisions of this subchapter may
apply for a special exception from the lot or building requirements
of this subchapter.
(b) An application submitted under Subsection (a) must:
(1) propose to exempt a contiguous area subject to
this subchapter and designated only for single-family residential
use; and
(2) demonstrate:
(A) the approval of at least one property owner
of the property located on a block face that is the subject of the
application, if the application proposes to exempt an area
containing all lots located on at least one block face and not more
than two opposing block faces; or
(B) the approval of at least 55 percent of the
property owners of property located in the area that is the subject
of the application, if the application proposes to exempt an area
containing:
(i) all lots located on at least five block
faces composed of five or more lots; and
(ii) not more than 500 lots within the same
subdivision plat or 400 lots within two or more subdivision plats.
(c) A municipality shall adopt procedures that comply with
this chapter for providing notice, a hearing, and an appeal of any
decision to approve or deny an application submitted under
Subsection (a).
(d) A special exception granted under this section may not
require a property to exceed the minimum lot size requirements for
other properties subject to the zoning regulations applicable to
the property.
Sec. 211.059. PROPERTY OWNER ACTION. (a) A property owner
may bring an action against a municipality that violates this
subchapter for damages resulting from the violation and appropriate
equitable relief.
(b) A court may award a prevailing claimant reasonable
attorney's fees incurred in bringing an action under this section.
The claimant may not recover exemplary damages in the action.
(c) Governmental immunity of a municipality to suit and from
liability is waived to the extent of liability created by this
section.
SECTION 2. This Act takes effect September 1, 2023.
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