Texas 2025 - 89th Regular

Texas House Bill HB3404 Compare Versions

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1	1	89R8608 DRS-F
2	2	By: Hefner H.B. No. 3404
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain municipal and county regulation of certain
10	10	multifamily and mixed-use residential development projects and
11	11	conversion of certain commercial buildings to mixed-use and
12	12	multifamily residential occupancy.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter A, Chapter 211, Local Government
15	15	Code, is amended by adding Section 211.0011 to read as follows:
16	16	Sec. 211.0011. ZONING REGULATION OF MIXED-USE RESIDENTIAL
17	17	AND MULTIFAMILY RESIDENTIAL USE AND DEVELOPMENT. (a) In this
18	18	section, "mixed-use residential" and "multifamily residential"
19	19	have the meanings assigned by Section 249.001.
20	20	(b) The authority under this chapter related to zoning
21	21	regulations and the determination of zoning district boundaries in
22	22	connection with mixed-use residential use and development and
23	23	multifamily residential use and development is subject to Chapter
24	24	249.
25	25	SECTION 2. Subtitle C, Title 7, Local Government Code, is
26	26	amended by adding Chapter 249 to read as follows:
27	27	CHAPTER 249. REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL
28	28	USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES AND COUNTIES
29	29	SUBCHAPTER A. GENERAL PROVISIONS
30	30	Sec. 249.001. DEFINITIONS. In this chapter:
31	31	(1) "Mixed-use residential," when used to describe
32	32	land use or development, means the use or development, as
33	33	applicable, of a site consisting of residential and nonresidential
34	34	uses in which the residential uses are at least 65 percent of the
35	35	total square footage of the development.
36	36	(2) "Multifamily residential," when used to describe
37	37	land use or development, means the use or development, as
38	38	applicable, of a site for three or more dwelling units within one or
39	39	more buildings. The term includes the use or development of a
40	40	residential condominium.
41	41	Sec. 249.002. APPLICABILITY. This chapter applies only to:
42	42	(1) a municipality with a population greater than
43	43	60,000 that is located in a county with a population greater than
44	44	420,000; and
45	45	(2) a county with a population greater than 420,000.
46	46	SUBCHAPTER B. ZONING AND DEVELOPMENT REGULATIONS
47	47	Sec. 249.101. MIXED-USE RESIDENTIAL AND MULTIFAMILY
48	48	RESIDENTIAL USES ALLOWED. (a) Notwithstanding any other law, a
49	49	municipality or county shall allow mixed-use residential use and
50	50	development or multifamily residential use and development in a
51	51	zoning classification that allows office, commercial, retail,
52	52	warehouse, or mixed-use use or development as an allowed use under
53	53	the classification.
54	54	(b) A municipality or county may not require the change of a
55	55	land use classification or regulation or approval of an amendment,
56	56	exception, or variance to a land use classification or regulation
57	57	prior to allowing a mixed-use residential use or development or
58	58	multifamily residential use or development in an area covered by a
59	59	zoning classification described by Subsection (a). An amendment,
60	60	exception, or variance to a land use classification or regulation
61	61	includes a special exception, zoning variance, conditional use
62	62	approval, special use permit, or comprehensive plan amendment.
63	63	Sec. 249.102. REGULATION OF MIXED-USE RESIDENTIAL AND
64	64	MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT. (a) A municipality or
65	65	county may not adopt or enforce an ordinance, order, zoning
66	66	restriction, or other regulation that:
67	67	(1) imposes on a mixed-use residential or multifamily
68	68	residential development:
69	69	(A) a limit on density that is more restrictive
70	70	than the greater of:
71	71	(i) the highest residential density allowed
72	72	in the municipality or county; or
73	73	(ii) 36 units per acre;
74	74	(B) a limit on building height that is more
75	75	restrictive than the greater of:
76	76	(i) the highest height that would apply to
77	77	an office, commercial, retail, or warehouse development
78	78	constructed on the site; or
79	79	(ii) 45 feet; or
80	80	(C) a setback or buffer requirement that is more
81	81	restrictive than the lesser of:
82	82	(i) a setback or buffer requirement that
83	83	would apply to an office, commercial, retail, or warehouse
84	84	development constructed on the site; or
85	85	(ii) 25 feet;
86	86	(2) requires a mixed-use residential or multifamily
87	87	residential development to provide:
88	88	(A) more than one parking space per dwelling
89	89	unit; or
90	90	(B) a multi-level parking structure;
91	91	(3) restricts the ratio of the total building floor
92	92	area of a mixed-use residential or multifamily residential
93	93	development in relation to the lot area of the development; or
94	94	(4) requires a multifamily residential development
95	95	not located in an area zoned for mixed-use residential use to
96	96	contain nonresidential uses.
97	97	(b) If a municipal or county authority responsible for
98	98	approving a building permit or other authorization required for the
99	99	construction of a mixed-use residential or multifamily residential
100	100	development determines that a proposed development meets municipal
101	101	or county land development regulations in accordance with this
102	102	subchapter the municipal or county authority:
103	103	(1) shall administratively approve the permit or other
104	104	authorization; and
105	105	(2) may not require further action by the governing
106	106	body of the municipality or county for the approval to take effect.
107	107	SUBCHAPTER C. FEES AND REGULATIONS
108	108	Sec. 249.201. DEFINITION. In this subchapter, "permit" has
109	109	the meaning assigned by Section 245.001.
110	110	Sec. 249.202. APPLICABILITY. This subchapter applies only
111	111	to a building or the structural components of the building that:
112	112	(1) is being used for office, retail, or warehouse
113	113	use;
114	114	(2) is proposed to be converted from nonresidential
115	115	occupancy to mixed-use residential or multifamily residential
116	116	occupancy for at least 65 percent of the building and at least 65
117	117	percent of each floor of the building that is fit for occupancy; and
118	118	(3) was constructed at least five years before the
119	119	proposed date to start the conversion.
120	120	Sec. 249.203. FEE WAIVER. A municipality or county may not
121	121	charge a fee in connection with the submission, review, or approval
122	122	of an application for a permit related to the use, development, or
123	123	construction of a building proposed to be converted to mixed-use
124	124	residential or multifamily residential use, including any fee for:
125	125	(1) acquiring a building permit;
126	126	(2) the closure of a street or sidewalk adjacent to the
127	127	proposed converted building; or
128	128	(3) an expedited permit review for the proposed
129	129	converted building if the municipality or county has adopted an
130	130	accelerated residential building permit review process.
131	131	Sec. 249.204. PARKLAND DEDICATION AND FEE PROHIBITED. (a)
132	132	In this section, "parkland," "parkland dedication," and "parkland
133	133	dedication fee" have the meanings assigned by Section 212.201.
134	134	(b) Notwithstanding Subchapter H, Chapter 212, a
135	135	municipality or county may not require the dedication of parkland
136	136	or impose a parkland dedication fee in connection with a building
137	137	proposed to be converted to mixed-use residential or multifamily
138	138	residential use.
139	139	Sec. 249.205. CERTAIN REGULATIONS PROHIBITED. A
140	140	municipality or county may not, in connection with the use,
141	141	development, construction, or occupancy of a building proposed to
142	142	be converted to mixed-use residential or multifamily residential
143	143	use, require:
144	144	(1) the preparation of a traffic impact analysis or
145	145	other study relating to the effect the proposed converted building
146	146	would have on traffic or traffic operations;
147	147	(2) the construction of improvements or payment of a
148	148	fee in connection with mitigating traffic effects related to the
149	149	proposed converted building;
150	150	(3) the provision of more than one parking space per
151	151	dwelling unit; or
152	152	(4) the extension, upgrade, replacement, or
153	153	oversizing of a utility facility except as necessary to provide the
154	154	minimum capacity needed to serve the proposed converted building.
155	155	Sec. 249.206. IMPACT FEE PROHIBITED. A municipality or
156	156	county may not impose an impact fee, as defined by Section 395.001,
157	157	on land where a building has been converted to mixed-use
158	158	residential or multifamily residential use unless the land on which
159	159	the building is located was already subject to an impact fee before
160	160	a building permit related to the conversion was filed with the
161	161	municipality or county.
162	162	Sec. 249.207. SHORT-TERM RENTAL REGULATION AUTHORIZED. A
163	163	municipality or county may apply the municipality's or county's
164	164	regulations on short-term rental units to a converted building.
165	165	SUBCHAPTER D. ENFORCEMENT
166	166	Sec. 249.301. CIVIL ACTION. (a) The following persons may
167	167	bring an action against a municipality or county for damages or
168	168	injunctive relief relating to a violation of Section 249.101 or
169	169	249.102:
170	170	(1) a person who applies for a permit or other
171	171	authorization in connection with a mixed-use residential
172	172	development or multifamily residential development project subject
173	173	to Section 249.101 or 249.102;
174	174	(2) a person eligible to apply for residency in a
175	175	mixed-use residential or multifamily residential development
176	176	project affected by the violation; or
177	177	(3) a nonprofit organization.
178	178	(b) A person adversely affected or aggrieved by a violation
179	179	of Section 249.203, 249.204, 249.205, or 249.206 may bring an
180	180	action for damages or injunctive relief against a municipality or
181	181	county.
182	182	(c) A claimant who prevails in an action brought under
183	183	Subsection (a) or (b) is entitled to recover:
184	184	(1) injunctive relief sufficient to enforce this
185	185	chapter;
186	186	(2) nominal and compensatory damages, including
187	187	economic loss; and
188	188	(3) court costs and reasonable attorney's fees.
189	189	(d) Notwithstanding any other law, including Chapter 15,
190	190	Civil Practice and Remedies Code, an action brought under
191	191	Subsection (a) may be brought in:
192	192	(1) the county in which all or a substantial part of
193	193	the events or omissions giving rise to the claim occurred;
194	194	(2) the county of residence for any one of the natural
195	195	person defendants at the time the cause of action accrued;
196	196	(3) the county of the principal office in this state of
197	197	any one of the defendants that is not a natural person; or
198	198	(4) the county of residence for the claimant if the
199	199	claimant is a natural person residing in this state.
200	200	(e) An action brought under Subsection (a) or (b) may not be
201	201	transferred to a different venue without the written consent of all
202	202	parties.
203	203	(f) Notwithstanding any other law, the Fifteenth Court of
204	204	Appeals has exclusive intermediate appellate jurisdiction over an
205	205	action brought under Subsection (a) or (b).
206	206	Sec. 249.302. ATTORNEY GENERAL ENFORCEMENT. (a) In this
207	207	section:
208	208	(1) "No-new-revenue tax rate" means the
209	209	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
210	210	(2) "Tax year" has the meaning assigned by Section
211	211	1.04, Tax Code.
212	212	(b) A person may submit a complaint to the attorney general
213	213	of a suspected violation of Section 249.203, 249.204, 249.205, or
214	214	249.206.
215	215	(c) Notwithstanding any other law, if the attorney general
216	216	determines that a municipality or county has violated Section
217	217	249.101, 249.102, 249.203, 249.204, 249.205, or 249.206, the
218	218	municipality or county may not adopt an ad valorem tax rate that
219	219	exceeds the municipality or county's no-new-revenue tax rate for
220	220	the three tax years that begin on or after the date of the
221	221	determination.
222	222	SECTION 3. Section 395.011, Local Government Code, is
223	223	amended by amending Subsection (b) and adding Subsection (b-1) to
224	224	read as follows:
225	225	(b) Except as provided by Section 249.206 and Subsection
226	226	(b-1), political [Political] subdivisions may enact or impose
227	227	impact fees on land within their corporate boundaries or
228	228	extraterritorial jurisdictions only by complying with this
229	229	chapter.
230	230	(b-1) A political subdivision may not enact or impose an
231	231	impact fee on land within its[, except that impact fees may not be
232	232	enacted or imposed in the] extraterritorial jurisdiction for
233	233	roadway facilities.
234	234	SECTION 4. (a) Subchapter B, Chapter 249, Local Government
235	235	Code, as added by this Act, applies only to a mixed-use residential
236	236	or multifamily residential development project initiated on or
237	237	after the effective date of this Act.
238	238	(b) Subchapter C, Chapter 249, Local Government Code, as
239	239	added by this Act, applies only to a building proposed to be
240	240	converted to mixed-use residential or multifamily residential use
241	241	in which a building permit was submitted to a municipality or county
242	242	on or after the effective date of this Act.
243	243	SECTION 5. This Act takes effect September 1, 2025.