By: Hughes S.B. No. 491
(Hefner, Troxclair, Harris of Williamson)
A BILL TO BE ENTITLED
AN ACT
relating to building height restrictions in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.908 to read as follows:
Sec. 214.908. LIMITATION ON BUILDING HEIGHT RESTRICTION.
(a) This section applies only to a municipality with a population
of more than 725,000.
(b) A municipality may not adopt or enforce an ordinance,
regulation, or other measure that limits the height of a building
based on the building's proximity to a lot that is located more than
50 feet from the building.
(c) The prohibition described by Subsection (b) applies to a
zoning regulation that limits the maximum building height
authorized for a lot.
(d) For purposes of this section, the proximity of a
building to a lot is measured along the shortest straight line
between the building and the lot's lot line.
(e) This section does not affect the application of a
restriction or regulation imposed by:
(1) Chapter 3151, Government Code;
(2) federal law, including a restriction or regulation
affecting a military base or airport;
(3) a municipality that contains a World Heritage Site
declared by the United Nations Educational, Scientific and Cultural
Organization and intended to protect a building or area designated
for protection based on the building's or area's historical,
cultural, or architectural importance and significance; or
(4) a municipality related to the height of a building
near an airport, including a military airport, commercial service
airport, or joint-use airport.
(f) This section does not apply to a tower that is:
(1) a fixed, uninhabitable structure, regardless of
whether free-standing or guyed; and
(2) not designed to act as a shelter or to be occupied
for any use.
(g) This section does not affect the validity or
enforceability by any person of a restrictive covenant or deed
restriction.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.