88R5531 MP-F
By: Hughes S.B. No. 491
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 on
a lot based on the lot's proximity to another lot that is located
more than 50 feet from the original lot.
(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 lot to
another lot is measured along the shortest straight line between
each lot's lot line.
(e) This section does not affect the application of any
restriction imposed by Chapter 3151, Government Code.
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.