Texas House Bill HB3404

Texas 2025 - 89th Regular

• Filed: 2/26/25

Caption

Relating to certain municipal and county regulation of certain multifamily and mixed-use residential development projects and conversion of certain commercial buildings to mixed-use and multifamily residential occupancy.

Impact

The legislation specifically prohibits municipalities and counties from imposing certain restrictions and fees that could hinder the development of mixed-use and multifamily residential projects. This includes banning the requirement for additional parking beyond one space per dwelling unit and waiving impact fees in most instances. The bill is designed to encourage conversion of existing commercial buildings into residential spaces while addressing both housing demands and urban density. However, it primarily applies to larger municipalities and counties, significantly affecting urban areas with populations exceeding 60,000 located in counties with over 420,000 residents.

Summary

House Bill 3404 seeks to regulate municipal and county oversight of mixed-use residential and multifamily residential developments in Texas. It aims to streamline the approval process for such projects by imposing specific limitations on local authorities regarding zoning classifications and permit requirements. Under this bill, municipalities and counties must allow these developments in zoning classifications that permit office, commercial, or warehouse uses, thereby enhancing urban development and addressing housing shortages in growing regions. The bill establishes a framework that aims to facilitate streamlined permitting to expedite housing growth.

Contention

While proponents view HB 3404 as a necessary measure to promote growth and combat the housing crisis, concerns have been raised regarding local governance and community input in development decisions. Critics argue that the bill represents an encroachment on local control, limiting cities and counties from tailoring regulations to their specific community needs. Local advocates express worries that higher density developments could lead to overburdened infrastructure and diminished neighborhood character. The balance between promoting housing development and maintaining local governance continues to be a point of contention within discussions around this bill.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 211. Municipal Zoning Authority
  • Section: New Section