Texas 2025 - 89th Regular

Texas House Bill HB3172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9866 SCL-F
2	2	By: Gates H.B. No. 3172
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal regulation of multifamily and mixed-use
10	10	development on religious land.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 212, Local Government Code, is amended
13	13	by adding Subchapter I to read as follows:
14	14	SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND
15	15	Sec. 212.251. DEFINITIONS. In this subchapter:
16	16	(1) "Group home" means a residential facility that
17	17	provides housing and support services in a community-based
18	18	environment for individuals who require assistance due to physical,
19	19	mental, developmental, or behavioral disabilities.
20	20	(2) "Heavy industrial use" means a storage,
21	21	processing, or manufacturing use:
22	22	(A) with processes using flammable or explosive
23	23	materials;
24	24	(B) with hazardous conditions; or
25	25	(C) that is noxious or offensive from odors,
26	26	smoke, noise, fumes, or vibrations.
27	27	(3) "Housing organization" means a:
28	28	(A) trade or industry group consisting of local
29	29	members primarily engaged in the construction or management of
30	30	housing units;
31	31	(B) nonprofit organization that:
32	32	(i) provides or advocates for increased
33	33	access or reduced barriers to housing; and
34	34	(ii) has filed written or oral comments
35	35	with the legislature; or
36	36	(C) nonprofit organization that is engaged in
37	37	public policy research, education, and outreach that includes
38	38	housing policy-related issues and advocacy.
39	39	(4) "Mixed-use" means the use and development of a
40	40	site consisting of residential and nonresidential uses in which
41	41	residential uses occupy at least 65 percent of the total square
42	42	footage of the development.
43	43	(5) "Multifamily" means the use and development of a
44	44	site for three or more dwelling units within one or more buildings.
45	45	The term includes a residential condominium.
46	46	(6) "Religious land" means land owned by a religious
47	47	organization or land that is leased by a religious organization for
48	48	a term of at least 40 years.
49	49	(7) "Religious organization" means an organization
50	50	that is:
51	51	(A) open to the public; and
52	52	(B) described by Section 110.011(b), Civil
53	53	Practice and Remedies Code.
54	54	(8) "Supportive housing" means residential
55	55	accommodations that combine housing with on-site or off-site
56	56	supportive services, designed to assist individuals or families in
57	57	maintaining stable housing and achieving greater independence.
58	58	Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter
59	59	does not apply to religious land located within a quarter mile of a
60	60	heavy industrial use, an airport, a seaport, or a military base.
61	61	Sec. 212.253. ALLOWABLE USES. (a) A municipality must
62	62	permit multifamily and mixed-use as allowable uses on religious
63	63	land.
64	64	(b) Notwithstanding any other law, a municipality may not
65	65	require a proposed multifamily or mixed-use development on
66	66	religious land to obtain a zoning or land use change, special
67	67	exception, variance, conditional use approval, special use permit,
68	68	comprehensive plan amendment, or other land use classification or
69	69	approval to:
70	70	(1) permit the proposed use and development; or
71	71	(2) allow for the minimum densities, building height,
72	72	setbacks, and site development regulations authorized under this
73	73	subchapter.
74	74	Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS. For a
75	75	multifamily or mixed-use development on religious land, a
76	76	municipality may not:
77	77	(1) restrict the height of a proposed development to
78	78	less than 40 feet and three full stories;
79	79	(2) require front setbacks greater than 15 feet, rear
80	80	setbacks greater than 10 feet, or side setbacks greater than 5 feet;
81	81	(3) establish minimum parking requirements except as
82	82	necessary to comply with federal law;
83	83	(4) restrict the ratio of the development's proposed
84	84	building gross floor area to site area, building coverage, density,
85	85	unit size or number base as compared to site area, size of a unit, or
86	86	otherwise restrict development using any other dimensional
87	87	constraint except as provided by Subdivisions (1) and (2);
88	88	(5) prohibit supportive housing or group homes; or
89	89	(6) for a proposed development converting an existing
90	90	building from a different use to a multifamily or mixed-use,
91	91	require the conversion to exceed standards imposed by the
92	92	International Building Code.
93	93	Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This
94	94	subchapter does not affect a municipality's authority to apply the
95	95	following that are generally applicable to other developments in
96	96	the municipality:
97	97	(1) sewer and water access requirements;
98	98	(2) stormwater mitigation requirements; and
99	99	(3) except as otherwise provided by this subchapter,
100	100	building codes.
101	101	Sec. 212.256. DUTY TO APPROVE. (a) A municipality shall
102	102	approve an application for a multifamily or mixed-use development
103	103	on religious land if the development satisfies the municipality's
104	104	land development regulations for multifamily or mixed-use
105	105	developments, as applicable, other than a regulation involving a
106	106	matter described by Section 212.254.
107	107	(b) The municipality's duty to approve a development under
108	108	Subsection (a) is purely ministerial.
109	109	Sec. 212.257. ACTION. (a) A person affected by a
110	110	municipality's violation of this subchapter or a housing
111	111	organization may bring an action against the municipality or an
112	112	officer or employee of the municipality in the officer's or
113	113	employee's official capacity for relief described by Subsection
114	114	(c).
115	115	(b) A claimant must bring an action under this section in a
116	116	county in which the real property that is the subject of the action
117	117	is wholly or partly located.
118	118	(c) In an action brought under this section, a court may:
119	119	(1) enter a declaratory judgment under Chapter 37,
120	120	Civil Practice and Remedies Code;
121	121	(2) issue a writ of mandamus compelling a defendant
122	122	officer or employee to comply with this subchapter;
123	123	(3) issue an injunction preventing the defendant from
124	124	violating this subchapter; and
125	125	(4) award damages to the claimant for economic losses
126	126	caused by the defendant's violation of this subchapter if the
127	127	claimant is a person affected or aggrieved by the violation that is
128	128	the basis for the action.
129	129	(d) A court shall award reasonable attorney's fees and court
130	130	costs incurred in bringing an action under this section to a
131	131	prevailing claimant.
132	132	(e) Governmental immunity of a municipality to suit and from
133	133	liability is waived to the extent of liability created by this
134	134	section. Official immunity of a municipal officer or employee is
135	135	waived to the extent of liability created by this section.
136	136	(f) The Fifteenth Court of Appeals has exclusive
137	137	intermediate appellate jurisdiction over an appeal or original
138	138	proceeding arising from an action brought under this section.
139	139	SECTION 2. This Act takes effect September 1, 2025.