| 1 | 1 | | By: Hughes S.B. No. 491 |
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| 2 | 2 | | (Hefner, Troxclair, Harris of Williamson) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to building height restrictions in certain |
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| 8 | 8 | | municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 214, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 214.908 to read as follows: |
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| 12 | 12 | | Sec. 214.908. LIMITATION ON BUILDING HEIGHT RESTRICTION. |
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| 13 | 13 | | (a) This section applies only to a municipality with a population |
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| 14 | 14 | | of more than 725,000. |
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| 15 | 15 | | (b) A municipality may not adopt or enforce an ordinance, |
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| 16 | 16 | | regulation, or other measure that limits the height of a building |
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| 17 | 17 | | based on the building's proximity to a lot that is located more than |
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| 18 | 18 | | 50 feet from the building. |
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| 19 | 19 | | (c) The prohibition described by Subsection (b) applies to a |
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| 20 | 20 | | zoning regulation that limits the maximum building height |
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| 21 | 21 | | authorized for a lot. |
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| 22 | 22 | | (d) For purposes of this section, the proximity of a |
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| 23 | 23 | | building to a lot is measured along the shortest straight line |
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| 24 | 24 | | between the building and the lot's lot line. |
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| 25 | 25 | | (e) This section does not affect the application of a |
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| 26 | 26 | | restriction or regulation imposed by: |
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| 27 | 27 | | (1) Chapter 3151, Government Code; |
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| 28 | 28 | | (2) federal law, including a restriction or regulation |
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| 29 | 29 | | affecting a military base or airport; |
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| 30 | 30 | | (3) a municipality that contains a World Heritage Site |
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| 31 | 31 | | declared by the United Nations Educational, Scientific and Cultural |
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| 32 | 32 | | Organization and intended to protect a building or area designated |
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| 33 | 33 | | for protection based on the building's or area's historical, |
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| 34 | 34 | | cultural, or architectural importance and significance; or |
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| 35 | 35 | | (4) a municipality related to the height of a building |
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| 36 | 36 | | near an airport, including a military airport, commercial service |
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| 37 | 37 | | airport, or joint-use airport. |
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| 38 | 38 | | (f) This section does not apply to a tower that is: |
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| 39 | 39 | | (1) a fixed, uninhabitable structure, regardless of |
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| 40 | 40 | | whether free-standing or guyed; and |
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| 41 | 41 | | (2) not designed to act as a shelter or to be occupied |
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| 42 | 42 | | for any use. |
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| 43 | 43 | | (g) This section does not affect the validity or |
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| 44 | 44 | | enforceability by any person of a restrictive covenant or deed |
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| 45 | 45 | | restriction. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2023. |
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