| 2 | 4 | | |
|---|
| 3 | 5 | | |
|---|
| 4 | 6 | | A BILL TO BE ENTITLED |
|---|
| 5 | 7 | | AN ACT |
|---|
| 6 | 8 | | relating to the review, adoption, and modification of land |
|---|
| 7 | 9 | | development regulations by certain counties and municipalities. |
|---|
| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 11 | | SECTION 1. Subtitle C, Title 7, Local Government Code, is |
|---|
| 10 | 12 | | amended by adding Chapter 248 to read as follows: |
|---|
| 11 | 13 | | CHAPTER 248. REVIEW, ADOPTION, AND MODIFICATION OF LAND |
|---|
| 12 | 14 | | DEVELOPMENT REGULATIONS |
|---|
| 13 | 15 | | Sec. 248.001. DEFINITIONS. In this chapter: |
|---|
| 14 | 16 | | (1) "Land development regulation" means an ordinance, |
|---|
| 15 | 17 | | order, rule, or other regulation or standard of a political |
|---|
| 16 | 18 | | subdivision that regulates: |
|---|
| 17 | 19 | | (A) zoning; |
|---|
| 18 | 20 | | (B) subdivision requirements; |
|---|
| 19 | 21 | | (C) development review and planning |
|---|
| 20 | 22 | | requirements; |
|---|
| 21 | 23 | | (D) commercial, residential, and multifamily |
|---|
| 22 | 24 | | building and construction codes; |
|---|
| 23 | 25 | | (E) fire, electric, heating, plumbing, energy |
|---|
| 24 | 26 | | conservation, water, and flooding codes; |
|---|
| 25 | 27 | | (F) development license, permit, and application |
|---|
| 26 | 28 | | fees; or |
|---|
| 27 | 29 | | (G) any other related aspect of land development |
|---|
| 28 | 30 | | as determined by the political subdivision. |
|---|
| 29 | 31 | | (2) "Political subdivision" means a: |
|---|
| 30 | 32 | | (A) county; or |
|---|
| 31 | 33 | | (B) municipality. |
|---|
| 32 | 34 | | Sec. 248.002. APPLICABILITY. This chapter applies only to: |
|---|
| 33 | 35 | | (1) a county with a population of 500,000 or more; or |
|---|
| 34 | 36 | | (2) a municipality with a population of 200,000 or more. |
|---|
| 35 | 37 | | Sec. 248.003. REVIEW OF EXISTING LAND DEVELOPMENT |
|---|
| 36 | 38 | | REGULATIONS. (a) The governing body of a political subdivision |
|---|
| 37 | 39 | | shall review the costs, benefits, and risks of the existing land |
|---|
| 38 | 40 | | development regulations of the political subdivision. |
|---|
| 39 | 41 | | (b) The governing body shall review each existing land |
|---|
| 40 | 42 | | development regulation at least once every 10 years. |
|---|
| 41 | 43 | | (c) A review of a land development regulation under this |
|---|
| 42 | 44 | | section must consider: |
|---|
| 43 | 45 | | (1) the regulation's impact on housing development; |
|---|
| 44 | 46 | | (2) whether the regulation remains appropriate and |
|---|
| 45 | 47 | | benefits landowners, residents, or the public; |
|---|
| 46 | 48 | | (3) whether the regulation impedes the use of |
|---|
| 47 | 49 | | technologies and techniques that conserve energy or water; |
|---|
| 48 | 50 | | (4) the benefits of the regulation for affected |
|---|
| 49 | 51 | | parties; |
|---|
| 50 | 52 | | (5) the extent to which landowners, residents, or the |
|---|
| 51 | 53 | | public incur costs as a result of the regulation; |
|---|
| 52 | 54 | | (6) the effect on persons regulated under the |
|---|
| 53 | 55 | | regulation; and |
|---|
| 54 | 56 | | (7) the administrative or enforcement costs for the |
|---|
| 55 | 57 | | regulation that are paid by taxpayers. |
|---|
| 56 | 58 | | (d) In reviewing a land development regulation under this |
|---|
| 57 | 59 | | section, the governing body of the political subdivision shall hold |
|---|
| 58 | 60 | | at least one public hearing and provide an opportunity for public |
|---|
| 59 | 61 | | comment. |
|---|
| 60 | 62 | | (e) On completing a review of a land development regulation |
|---|
| 61 | 63 | | under this section, the governing body of the political subdivision |
|---|
| 62 | 64 | | shall repeal, amend, or readopt the regulation. The governing body |
|---|
| 63 | 65 | | shall repeal or amend a regulation that interferes with the |
|---|
| 64 | 66 | | production of new housing or development related to existing |
|---|
| 65 | 67 | | housing. |
|---|
| 66 | 68 | | Sec. 248.004. IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT |
|---|
| 67 | 69 | | OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS. (a) Before the |
|---|
| 68 | 70 | | governing body of a political subdivision may adopt or modify a land |
|---|
| 69 | 71 | | development regulation, the governing body shall analyze the costs, |
|---|
| 70 | 72 | | benefits, and risks of the proposed regulation and issue an impact |
|---|
| 71 | 73 | | statement. |
|---|
| 72 | 74 | | (b) An impact statement required by Subsection (a) must |
|---|
| 73 | 75 | | include: |
|---|
| 74 | 76 | | (1) an analysis of the fiscal impact of the proposed |
|---|
| 75 | 77 | | land development regulation; |
|---|
| 76 | 78 | | (2) a determination of whether the proposed land |
|---|
| 77 | 79 | | development regulation provides benefits to the health and welfare |
|---|
| 78 | 80 | | of the residents of the political subdivision that adopted or |
|---|
| 79 | 81 | | modified the regulation that outweigh any costs found by the |
|---|
| 80 | 82 | | analysis required by Subdivision (1); and |
|---|
| 81 | 83 | | (3) the proposed land development regulation's impact |
|---|
| 82 | 84 | | on housing costs in the political subdivision. |
|---|
| 83 | 85 | | (c) A political subdivision may adopt or modify a proposed |
|---|
| 84 | 86 | | land development regulation only if the political subdivision |
|---|
| 85 | 87 | | determines that the regulation: |
|---|
| 86 | 88 | | (1) is consistent with the political subdivision's |
|---|
| 87 | 89 | | public health and safety priorities; |
|---|
| 88 | 90 | | (2) has a minimal fiscal impact; and |
|---|
| 89 | 91 | | (3) positively impacts or does not adversely impact |
|---|
| 90 | 92 | | housing costs for residents of the political subdivision. |
|---|
| 91 | 93 | | (d) A political subdivision shall make an impact statement |
|---|
| 92 | 94 | | required by Subsection (a) available for review by the public. |
|---|
| 93 | 95 | | SECTION 2. Not later than September 1, 2030, the governing |
|---|
| 94 | 96 | | body of each municipality, county, and special purpose district |
|---|
| 95 | 97 | | shall conduct an initial review of each land development regulation |
|---|
| 96 | 98 | | under Section 248.003, Local Government Code, as added by this Act. |
|---|
| 97 | 99 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|