89R9866 SCL-F
By: Gates H.B. No. 3172
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of multifamily and mixed-use
development on religious land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 212, Local Government Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND
Sec. 212.251. DEFINITIONS. In this subchapter:
(1) "Group home" means a residential facility that
provides housing and support services in a community-based
environment for individuals who require assistance due to physical,
mental, developmental, or behavioral disabilities.
(2) "Heavy industrial use" means a storage,
processing, or manufacturing use:
(A) with processes using flammable or explosive
materials;
(B) with hazardous conditions; or
(C) that is noxious or offensive from odors,
smoke, noise, fumes, or vibrations.
(3) "Housing organization" means a:
(A) trade or industry group consisting of local
members primarily engaged in the construction or management of
housing units;
(B) nonprofit organization that:
(i) provides or advocates for increased
access or reduced barriers to housing; and
(ii) has filed written or oral comments
with the legislature; or
(C) nonprofit organization that is engaged in
public policy research, education, and outreach that includes
housing policy-related issues and advocacy.
(4) "Mixed-use" means the use and development of a
site consisting of residential and nonresidential uses in which
residential uses occupy at least 65 percent of the total square
footage of the development.
(5) "Multifamily" means the use and development of a
site for three or more dwelling units within one or more buildings.
The term includes a residential condominium.
(6) "Religious land" means land owned by a religious
organization or land that is leased by a religious organization for
a term of at least 40 years.
(7) "Religious organization" means an organization
that is:
(A) open to the public; and
(B) described by Section 110.011(b), Civil
Practice and Remedies Code.
(8) "Supportive housing" means residential
accommodations that combine housing with on-site or off-site
supportive services, designed to assist individuals or families in
maintaining stable housing and achieving greater independence.
Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to religious land located within a quarter mile of a
heavy industrial use, an airport, a seaport, or a military base.
Sec. 212.253. ALLOWABLE USES. (a) A municipality must
permit multifamily and mixed-use as allowable uses on religious
land.
(b) Notwithstanding any other law, a municipality may not
require a proposed multifamily or mixed-use development on
religious land to obtain a zoning or land use change, special
exception, variance, conditional use approval, special use permit,
comprehensive plan amendment, or other land use classification or
approval to:
(1) permit the proposed use and development; or
(2) allow for the minimum densities, building height,
setbacks, and site development regulations authorized under this
subchapter.
Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS. For a
multifamily or mixed-use development on religious land, a
municipality may not:
(1) restrict the height of a proposed development to
less than 40 feet and three full stories;
(2) require front setbacks greater than 15 feet, rear
setbacks greater than 10 feet, or side setbacks greater than 5 feet;
(3) establish minimum parking requirements except as
necessary to comply with federal law;
(4) restrict the ratio of the development's proposed
building gross floor area to site area, building coverage, density,
unit size or number base as compared to site area, size of a unit, or
otherwise restrict development using any other dimensional
constraint except as provided by Subdivisions (1) and (2);
(5) prohibit supportive housing or group homes; or
(6) for a proposed development converting an existing
building from a different use to a multifamily or mixed-use,
require the conversion to exceed standards imposed by the
International Building Code.
Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This
subchapter does not affect a municipality's authority to apply the
following that are generally applicable to other developments in
the municipality:
(1) sewer and water access requirements;
(2) stormwater mitigation requirements; and
(3) except as otherwise provided by this subchapter,
building codes.
Sec. 212.256. DUTY TO APPROVE. (a) A municipality shall
approve an application for a multifamily or mixed-use development
on religious land if the development satisfies the municipality's
land development regulations for multifamily or mixed-use
developments, as applicable, other than a regulation involving a
matter described by Section 212.254.
(b) The municipality's duty to approve a development under
Subsection (a) is purely ministerial.
Sec. 212.257. ACTION. (a) A person affected by a
municipality's violation of this subchapter or a housing
organization may bring an action against the municipality or an
officer or employee of the municipality in the officer's or
employee's official capacity for relief described by Subsection
(c).
(b) A claimant must bring an action under this section in a
county in which the real property that is the subject of the action
is wholly or partly located.
(c) In an action brought under this section, a court may:
(1) enter a declaratory judgment under Chapter 37,
Civil Practice and Remedies Code;
(2) issue a writ of mandamus compelling a defendant
officer or employee to comply with this subchapter;
(3) issue an injunction preventing the defendant from
violating this subchapter; and
(4) award damages to the claimant for economic losses
caused by the defendant's violation of this subchapter if the
claimant is a person affected or aggrieved by the violation that is
the basis for the action.
(d) A court shall award reasonable attorney's fees and court
costs incurred in bringing an action under this section to a
prevailing claimant.
(e) Governmental immunity of a municipality to suit and from
liability is waived to the extent of liability created by this
section. Official immunity of a municipal officer or employee is
waived to the extent of liability created by this section.
(f) The Fifteenth Court of Appeals has exclusive
intermediate appellate jurisdiction over an appeal or original
proceeding arising from an action brought under this section.
SECTION 2. This Act takes effect September 1, 2025.