2025S0153-1 02/28/25
By: Gates H.B. No. 3919
A BILL TO BE ENTITLED
AN ACT
relating to size and density requirements for residential lots in
certain municipalities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 211, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN
MUNICIPALITIES
Sec. 211.051. DEFINITIONS. In this subchapter:
(1) "Housing organization" means a:
(A) trade or industry group organized under the
laws of this state consisting of local members primarily engaged in
the construction or management of housing units;
(B) nonprofit organization organized under the
laws of this state 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 organized under the
laws of this state that is engaged in public policy research,
education, and outreach that includes housing policy-related
issues and advocacy.
(2) "Small lot" means a residential lot that is 4,000
square feet or less.
Sec. 211.052. APPLICABILITY. (a) This subchapter applies
only to a municipality that:
(1) has a population of more than 90,000; and
(2) is wholly or partly located in a county with a
population of more than 300,000.
(b) This subchapter does not apply to a one-mile radius from
the perimeter of a campus that includes a law enforcement training
center in a county that has a population of 2,600,000 or more but
less than 2,700,000.
Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to affect requirements directly related to:
(1) the use and occupancy of residential units leased
for a term of less than 30 days; or
(2) flooding, sewer facilities, or well water located
on an individual residential lot and serving only that lot.
Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
PROHIBITED. (a) This section applies only to a tract of land that:
(1) will be platted and located in an area zoned for
single-family homes;
(2) is five acres or more; and
(3) has no recorded map or plat.
(b) A municipality may not adopt or enforce an ordinance,
rule, or other measure that requires:
(1) a residential lot to be:
(A) larger than 1,400 square feet;
(B) wider than 20 feet; or
(C) deeper than 60 feet; or
(2) if regulating the density of dwelling units on a
residential lot, a ratio of dwelling units per acre that results in
fewer than 31.1 units per acre.
Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
or enforce an ordinance, rule, or other measure that requires a
small lot to have:
(1) a building, waterway, plane, or other setback
greater than:
(A) five feet from the front or back of the
property; or
(B) five feet from the side of the property;
(2) covered parking;
(3) more than one parking space per unit;
(4) off-site parking;
(5) more than 30 percent open space or permeable
surface;
(6) fewer than three full stories not exceeding 10
feet in height measured from the interior floor to ceiling;
(7) a maximum building bulk;
(8) a wall articulation requirement; or
(9) any other zoning restriction that imposes
restrictions inconsistent with this subsection, including
restrictions through contiguous zoning districts or uses or from
the creation of an overlapping zoning district.
(b) A municipality may require with respect to a small lot:
(1) the sharing of a driveway with another lot; or
(2) permitting fees equivalent to the permitting fees
charged for the development of a lot the use of which is restricted
to a single-family residence.
Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
subchapter does not prohibit a municipality from imposing
restrictions that are applicable to all similarly situated lots or
subdivisions, including requiring all subdivisions or all small
lots to fully mitigate stormwater runoff.
Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
property owners from enforcing rules or deed restrictions imposed
by a homeowners' association or by other private agreement.
Sec. 211.058. ACTION. (a) A person adversely affected or
aggrieved 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.