Texas 2025 - 89th Regular

Texas House Bill HB5187 Compare Versions

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1	1	89R17386 DRS-F
2	2	By: Patterson H.B. No. 5187
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain municipal and county regulation of conversion
10	10	of certain office buildings to mixed-use and multifamily
11	11	residential occupancy.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 7, Local Government Code, is
14	14	amended by adding Chapter 249 to read as follows:
15	15	CHAPTER 249. REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL
16	16	USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES AND COUNTIES
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 249.001. DEFINITIONS. In this chapter:
19	19	(1) "Heavy industrial use" means a storage,
20	20	processing, or manufacturing use:
21	21	(A) with processes using flammable or explosive
22	22	materials;
23	23	(B) with hazardous conditions; or
24	24	(C) that is noxious or offensive from odors,
25	25	smoke, noise, fumes, or vibrations.
26	26	(2) "Mixed-use residential," when used to describe
27	27	land use or development, means the use or development, as
28	28	applicable, of a site consisting of residential and nonresidential
29	29	uses in which the residential uses are at least 65 percent of the
30	30	total square footage of the development. The term includes the use
31	31	or development of a condominium.
32	32	(3) "Multifamily residential," when used to describe
33	33	land use or development, means the use or development, as
34	34	applicable, of a site for three or more dwelling units within one or
35	35	more buildings. The term includes the use or development of a
36	36	residential condominium.
37	37	(4) "Permit" has the meaning assigned by Section
38	38	245.001.
39	39	Sec. 249.002. APPLICABILITY OF CHAPTER. This chapter
40	40	applies only to:
41	41	(1) a municipality with a population greater than
42	42	90,000 that is wholly or partly located in a county with a
43	43	population greater than 300,000; and
44	44	(2) a county with a population greater than 300,000.
45	45	Sec. 249.003. NO EFFECT ON OTHER RESTRICTIONS AND RULES.
46	46	This chapter does not limit:
47	47	(1) a municipality or county from adopting or
48	48	enforcing an ordinance, regulation, or other measure:
49	49	(A) to protect historic landmarks or include
50	50	properties within the boundaries of local historic districts; or
51	51	(B) related to the use and occupancy of a
52	52	residential property that is rented for a period not longer than 30
53	53	consecutive days; or
54	54	(2) a property owner from enforcing rules or deed
55	55	restrictions imposed by a property owners' association or by other
56	56	private agreement.
57	57	SUBCHAPTER B. FEES AND REGULATIONS APPLICABLE TO CONVERSION OF
58	58	CERTAIN USES
59	59	Sec. 249.101. APPLICABILITY. (a) This subchapter applies
60	60	only to a building or the structural components of a building that:
61	61	(1) is being used primarily for office use;
62	62	(2) is proposed to be converted from primarily office
63	63	use to mixed-use residential or multifamily residential occupancy
64	64	for at least 65 percent of the building and at least 65 percent of
65	65	each floor of the building that is fit for occupancy; and
66	66	(3) was constructed at least five years before the
67	67	proposed date to start the conversion.
68	68	(b) This subchapter does not apply to a building proposed to
69	69	be converted to mixed-use residential or multifamily residential
70	70	use that is located:
71	71	(1) in an area subject to a zoning classification that
72	72	allows heavy industrial use; or
73	73	(2) within 1,000 feet of an existing heavy industrial
74	74	use or development site, airport, or military base.
75	75	Sec. 249.102. FEE WAIVER. Notwithstanding any other law, a
76	76	municipality or county may not charge a fee in connection with the
77	77	submission, review, or approval of an application for a permit
78	78	related to the use, development, or construction of a building
79	79	proposed to be converted to mixed-use residential or multifamily
80	80	residential use, including any fee for:
81	81	(1) acquiring a building permit;
82	82	(2) the closure of a street or sidewalk adjacent to the
83	83	proposed converted building; or
84	84	(3) an expedited permit review for the proposed
85	85	converted building if the municipality or county has adopted an
86	86	accelerated residential building permit review process.
87	87	Sec. 249.103. PARKLAND DEDICATION AND FEE PROHIBITED.
88	88	(a) In this section, "parkland," "parkland dedication," and
89	89	"parkland dedication fee" have the meanings assigned by Section
90	90	212.201.
91	91	(b) Notwithstanding Subchapter H, Chapter 212, a
92	92	municipality or county may not require the dedication of parkland
93	93	or impose a parkland dedication fee in connection with a building
94	94	proposed to be converted to mixed-use residential or multifamily
95	95	residential use.
96	96	Sec. 249.104. CERTAIN REGULATIONS PROHIBITED. (a)
97	97	Notwithstanding any other law, a municipality or county may not, in
98	98	connection with the use, development, construction, or occupancy of
99	99	a building proposed to be converted to mixed-use residential or
100	100	multifamily residential use, require:
101	101	(1) the preparation of a traffic impact analysis or
102	102	other study relating to the effect the proposed converted building
103	103	would have on traffic or traffic operations;
104	104	(2) the construction of improvements or payment of a
105	105	fee in connection with mitigating traffic effects related to the
106	106	proposed converted building;
107	107	(3) the provision of additional parking spaces, other
108	108	than the parking spaces that already exist on the site of the
109	109	proposed converted building;
110	110	(4) the extension, upgrade, replacement, or
111	111	oversizing of a utility facility except as necessary to provide the
112	112	minimum capacity needed to serve the proposed converted building;
113	113	(5) a limit on density applicable to the site of the
114	114	proposed converted building that is more restrictive than the
115	115	greater of:
116	116	(A) the highest residential density allowed in
117	117	the municipality or county; or
118	118	(B) 36 units per acre;
119	119	(6) a building proposed to be converted to multifamily
120	120	residential occupancy not located in an area zoned for mixed-use
121	121	residential use to include nonresidential uses;
122	122	(7) a design requirement, including a requirement
123	123	related to the exterior, windows, internal environment of a
124	124	building, or interior space dimensions of an apartment, that is
125	125	more restrictive than the applicable minimum standard under the
126	126	International Building Code as adopted as a municipal commercial
127	127	building code under Section 214.216; or
128	128	(8) the change of a zoning district or land use
129	129	classification or regulation or an approval of an amendment,
130	130	exception, or variance to a zoning district or land use
131	131	classification or regulation prior to allowing conversion of a
132	132	building to mixed-use residential use or multifamily residential
133	133	use.
134	134	(b) For the purposes of Subsection (a)(8), an amendment,
135	135	exception, or variance to a zoning district or land use
136	136	classification or regulation includes a special exception, zoning
137	137	variance, site development variance, subdivision variance,
138	138	conditional use approval, special use permit, comprehensive plan
139	139	amendment, or other discretionary approval to allow conversion of a
140	140	building to mixed-use residential use or multifamily residential
141	141	use.
142	142	Sec. 249.105. IMPACT FEE PROHIBITED. A municipality or
143	143	county may not impose an impact fee, as defined by Section 395.001,
144	144	on land where a building has been converted to mixed-use
145	145	residential or multifamily residential use unless the land on which
146	146	the building is located was already subject to an impact fee before
147	147	a building permit related to the conversion was filed with the
148	148	municipality or county.
149	149	Sec. 249.106. ADMINISTRATIVE APPROVAL REQUIRED.
150	150	Notwithstanding any other law, if a municipal or county authority
151	151	responsible for approving a building permit or other authorization
152	152	required for the conversion of a building to mixed-use residential
153	153	use or multifamily residential use determines that a proposed
154	154	conversion meets municipal or county regulations in accordance with
155	155	this subchapter, the municipal or county authority:
156	156	(1) shall administratively approve the permit or other
157	157	authorization; and
158	158	(2) may not require further action by the governing
159	159	body of the municipality or county for the approval to take effect.
160	160	SUBCHAPTER C. ENFORCEMENT
161	161	Sec. 249.201. CIVIL ACTION. (a) In this section, "housing
162	162	organization" means a:
163	163	(1) trade or industry group organized under the laws
164	164	of this state consisting of local members primarily engaged in the
165	165	construction or management of housing units;
166	166	(2) nonprofit organization organized under the laws of
167	167	this state that:
168	168	(A) provides or advocates for increased access or
169	169	reduced barriers to housing; and
170	170	(B) has filed written or oral comments with the
171	171	legislature; or
172	172	(3) nonprofit organization that is engaged in public
173	173	policy research, education, and outreach that includes housing
174	174	policy-related issues and advocacy.
175	175	(b) Except as provided by Subsection (c), a person adversely
176	176	affected or aggrieved by a violation of Section 249.102, 249.103,
177	177	249.104, 249.105, or 249.106 may bring an action for economic
178	178	damages or declaratory or injunctive relief against a municipality
179	179	or county or an officer of a municipality or county in the officer's
180	180	official capacity.
181	181	(c) A housing organization may bring an action for
182	182	declaratory or injunctive relief for a violation of Section
183	183	249.102, 249.103, 249.104, 249.105, or 249.106 against a
184	184	municipality or county or an officer of a municipality or county in
185	185	the officer's official capacity.
186	186	(d) A claimant who prevails in an action brought under
187	187	Subsection (b) or (c) is entitled to recover court costs and
188	188	reasonable attorney's fees.
189	189	(e) Notwithstanding any other law, including Chapter 15,
190	190	Civil Practice and Remedies Code, an action brought under this
191	191	section must be brought in a county in which all or part of the real
192	192	property that is the subject of the action is located.
193	193	(f) Notwithstanding any other law, the Fifteenth Court of
194	194	Appeals has exclusive intermediate appellate jurisdiction over an
195	195	action brought under this section.
196	196	(g) Governmental immunity of a municipality or county to
197	197	suit and from liability is waived to the extent of liability created
198	198	by this section. Official immunity of a municipal or county officer
199	199	or employee is waived to the extent of liability created by this
200	200	section.
201	201	Sec. 249.202. ATTORNEY GENERAL ENFORCEMENT. (a) In this
202	202	section:
203	203	(1) "No-new-revenue tax rate" means the
204	204	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
205	205	(2) "Tax year" has the meaning assigned by Section
206	206	1.04, Tax Code.
207	207	(b) A person may submit a complaint to the attorney general
208	208	of a suspected violation of Section 249.102, 249.103, 249.104,
209	209	249.105, or 249.106.
210	210	(c) Notwithstanding any other law, if the attorney general
211	211	determines that a municipality or county has violated Section
212	212	249.102, 249.103, 249.104, 249.105, or 249.106, the municipality or
213	213	county may not adopt an ad valorem tax rate that exceeds the
214	214	municipality's or county's no-new-revenue tax rate for the three
215	215	tax years that begin on or after the date of the determination.
216	216	SECTION 2. Section 395.011, Local Government Code, is
217	217	amended by amending Subsection (b) and adding Subsection (b-1) to
218	218	read as follows:
219	219	(b) Except as provided by Section 249.105 and Subsection
220	220	(b-1), political [Political] subdivisions may enact or impose
221	221	impact fees on land within their corporate boundaries or
222	222	extraterritorial jurisdictions only by complying with this
223	223	chapter.
224	224	(b-1) A political subdivision may not enact or impose an
225	225	impact fee on land within its[, except that impact fees may not be
226	226	enacted or imposed in the] extraterritorial jurisdiction for
227	227	roadway facilities.
228	228	SECTION 3. Chapter 249, Local Government Code, as added by
229	229	this Act, applies only to a building proposed to be converted to
230	230	mixed-use residential or multifamily residential use in which a
231	231	building permit was submitted to a municipality or county on or
232	232	after the effective date of this Act.
233	233	SECTION 4. This Act takes effect September 1, 2025.