| 1 | 1 | | 89R4159 DRS-F |
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| 2 | 2 | | By: Tepper H.B. No. 369 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a municipality to regulate the number |
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| 10 | 10 | | of dwellings allowed on certain property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 212, Local Government |
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| 13 | 13 | | Code, is amended by adding Section 212.907 to read as follows: |
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| 14 | 14 | | Sec. 212.907. REGULATIONS RELATED TO CONSTRUCTION OF MORE |
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| 15 | 15 | | THAN ONE DWELLING ON CERTAIN RESIDENTIAL LOTS. (a) Except as |
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| 16 | 16 | | provided by Subsection (c), a municipality may not adopt or enforce |
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| 17 | 17 | | an ordinance, zoning variance, or other regulation that allows for |
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| 18 | 18 | | the construction of more than one single-family dwelling on a lot |
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| 19 | 19 | | that: |
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| 20 | 20 | | (1) was zoned for single-family dwellings on September |
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| 21 | 21 | | 1, 2023; and |
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| 22 | 22 | | (2) is located in a subdivision with at least one |
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| 23 | 23 | | developed lot. |
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| 24 | 24 | | (b) Except as provided by Subsection (c), a municipality may |
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| 25 | 25 | | not, for the purpose of allowing the construction of more than one |
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| 26 | 26 | | single-family dwelling on a lot described by Subsection (a), |
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| 27 | 27 | | change: |
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| 28 | 28 | | (1) a zoning classification, regulation, or boundary; |
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| 29 | 29 | | or |
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| 30 | 30 | | (2) an allowed use under a zoning classification. |
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| 31 | 31 | | (c) A municipality may adopt or enforce an ordinance or |
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| 32 | 32 | | regulation as described by Subsection (a) or (b) if the |
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| 33 | 33 | | municipality: |
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| 34 | 34 | | (1) sends written notice of the proposed ordinance or |
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| 35 | 35 | | regulation to each owner, as indicated by the most recently |
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| 36 | 36 | | approved municipal tax roll, of real property that is zoned for a |
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| 37 | 37 | | single-family dwelling within 200 feet of each property affected by |
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| 38 | 38 | | the proposed ordinance or regulation; and |
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| 39 | 39 | | (2) obtains an affidavit from each owner described by |
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| 40 | 40 | | Subdivision (1) giving consent to the ordinance or regulation. |
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| 41 | 41 | | SECTION 2. Section 102A.002, Civil Practice and Remedies |
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| 42 | 42 | | Code, is amended to read as follows: |
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| 43 | 43 | | Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any |
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| 44 | 44 | | person who has sustained an injury in fact, actual or threatened, |
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| 45 | 45 | | from a municipal or county ordinance, order, or rule adopted or |
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| 46 | 46 | | enforced by a municipality or county in violation of any of the |
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| 47 | 47 | | following provisions or a trade association representing the person |
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| 48 | 48 | | has standing to bring and may bring an action against the |
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| 49 | 49 | | municipality or county: |
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| 50 | 50 | | (1) Section 1.004, Agriculture Code; |
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| 51 | 51 | | (2) Section 1.109, Business & Commerce Code; |
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| 52 | 52 | | (3) Section 1.004, Finance Code; |
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| 53 | 53 | | (4) Section 30.005, Insurance Code; |
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| 54 | 54 | | (5) Section 1.005, Labor Code; |
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| 55 | 55 | | (6) Sections 212.907 and [Section] 229.901, Local |
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| 56 | 56 | | Government Code; |
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| 57 | 57 | | (7) Section 1.003, Natural Resources Code; |
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| 58 | 58 | | (8) Section 1.004, Occupations Code; or |
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| 59 | 59 | | (9) Section 1.004, Property Code. |
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| 60 | 60 | | SECTION 3. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2025. |
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