Texas 2023 - 88th Regular

Texas Senate Bill SB1787 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Bettencourt S.B. No. 1787
2	2	(Goldman)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to size and density requirements for residential lots in
8	8	certain municipalities; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 211, Local Government Code, is amended
11	11	by adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN MUNICIPALITIES
13	13	LOCATED IN COUNTIES OF 300,000 OR MORE
14	14	Sec. 211.051. DEFINITION. In this subchapter, "small lot"
15	15	means a residential lot that is 4,000 square feet or less.
16	16	Sec. 211.052. APPLICABILITY. This subchapter applies only
17	17	to a municipality that is wholly or partly located in a county with
18	18	a population of 300,000 or more.
19	19	Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
20	20	may not be construed to affect requirements directly related to
21	21	sewer or water services.
22	22	Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
23	23	PROHIBITED. A municipality may not adopt or enforce an ordinance,
24	24	rule, or other measure that requires:
25	25	(1) a residential lot to be:
26	26	(A) larger than 1,400 square feet;
27	27	(B) wider than 20 feet; or
28	28	(C) deeper than 60 feet; or
29	29	(2) if regulating the density of dwelling units on a
30	30	residential lot, a ratio of dwelling units per acre that results in
31	31	fewer than 31.1 units per acre.
32	32	Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
33	33	or enforce an ordinance, rule, or other measure that requires a
34	34	small lot to have:
35	35	(1) a building, waterway, plane, or other setback
36	36	greater than:
37	37	(A) five feet from the front or back of the
38	38	property; or
39	39	(B) five feet from the side of the property;
40	40	(2) covered parking;
41	41	(3) more than one parking space per unit;
42	42	(4) off-site parking;
43	43	(5) more than 30 percent open space or permeable
44	44	surface;
45	45	(6) fewer than three full stories not exceeding 10
46	46	feet in height measured from the interior floor to ceiling;
47	47	(7) a maximum building bulk;
48	48	(8) a wall articulation requirement; or
49	49	(9) any other zoning restriction that imposes
50	50	restrictions inconsistent with this subsection, including
51	51	restrictions through contiguous zoning districts or uses or from
52	52	the creation of an overlapping zoning district.
53	53	(b) A municipality may require with respect to a small lot:
54	54	(1) the sharing of a driveway with another lot; or
55	55	(2) permitting fees equivalent to the permitting fees
56	56	charged for the development of a lot the use of which is restricted
57	57	to a single-family residence.
58	58	Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
59	59	subchapter does not prohibit a municipality from imposing
60	60	restrictions that are applicable to all similarly situated lots or
61	61	subdivisions, including requiring all subdivisions or all small
62	62	lots to fully mitigate stormwater runoff.
63	63	Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
64	64	OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
65	65	property owners from enforcing rules or deed restrictions imposed
66	66	by a homeowners' association or by other private agreement.
67	67	Sec. 211.058. SPECIAL EXCEPTION. (a) The owner of a
68	68	property that is subject to the provisions of this subchapter may
69	69	apply for a special exception from the lot or building requirements
70	70	of this subchapter.
71	71	(b) An application submitted under Subsection (a) must:
72	72	(1) propose to exempt a contiguous area subject to
73	73	this subchapter and designated only for single-family residential
74	74	use; and
75	75	(2) demonstrate:
76	76	(A) the approval of at least one property owner
77	77	of the property located on a block face that is the subject of the
78	78	application, if the application proposes to exempt an area
79	79	containing all lots located on at least one block face and not more
80	80	than two opposing block faces; or
81	81	(B) the approval of at least 55 percent of the
82	82	property owners of property located in the area that is the subject
83	83	of the application, if the application proposes to exempt an area
84	84	containing:
85	85	(i) all lots located on at least five block
86	86	faces composed of five or more lots; and
87	87	(ii) not more than 500 lots within the same
88	88	subdivision plat or 400 lots within two or more subdivision plats.
89	89	(c) A municipality shall adopt procedures that comply with
90	90	this chapter for providing notice, a hearing, and an appeal of any
91	91	decision to approve or deny an application submitted under
92	92	Subsection (a).
93	93	(d) A special exception granted under this section may not
94	94	require a property to exceed the minimum lot size requirements for
95	95	other properties subject to the zoning regulations applicable to
96	96	the property.
97	97	Sec. 211.059. PROPERTY OWNER ACTION. (a) A property owner
98	98	may bring an action against a municipality that violates this
99	99	subchapter for damages resulting from the violation and appropriate
100	100	equitable relief.
101	101	(b) A court may award a prevailing claimant reasonable
102	102	attorney's fees incurred in bringing an action under this section.
103	103	The claimant may not recover exemplary damages in the action.
104	104	(c) Governmental immunity of a municipality to suit and from
105	105	liability is waived to the extent of liability created by this
106	106	section.
107	107	SECTION 2. This Act takes effect September 1, 2023.