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