Texas 2025 - 89th Regular

Texas Senate Bill SB15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 15
2		-
3		-
	2	+	(In the Senate - Filed March 4, 2025; March 6, 2025, read
	3	+	first time and referred to Committee on Local Government;
	4	+	March 17, 2025, reported favorably by the following vote: Yeas 6,
	5	+	Nays 0; March 17, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to size and density requirements for residential lots in
9	12		certain municipalities; authorizing a fee.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Chapter 211, Local Government Code, is amended
12	15		by adding Subchapter D to read as follows:
13	16		SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN
14	17		MUNICIPALITIES
15	18		Sec. 211.051. DEFINITIONS. In this subchapter:
16	19		(1) "Housing organization" means a:
17	20		(A) trade or industry group organized under the
18	21		laws of this state consisting of local members primarily engaged in
19	22		the construction or management of housing units;
20	23		(B) nonprofit organization organized under the
21	24		laws of this state that:
22	25		(i) provides or advocates for increased
23	26		access or reduced barriers to housing; and
24	27		(ii) has filed written or oral comments
25	28		with the legislature; or
26	29		(C) nonprofit organization organized under the
27	30		laws of this state that is engaged in public policy research,
28	31		education, and outreach that includes housing policy-related
29	32		issues and advocacy.
30	33		(2) "Small lot" means a residential lot that is 4,000
31	34		square feet or less.
32	35		Sec. 211.052. APPLICABILITY. (a) This subchapter applies
33	36		only to a municipality that:
34		-	(1) has a population of more than ~~150~~,000; and
	37	+	(1) has a population of more than 90,000; and
35	38		(2) is wholly or partly located in a county with a
36	39		population of more than 300,000.
37	40		(b) This subchapter does not apply to a one-mile radius from
38	41		the perimeter of a campus that includes a law enforcement training
39	42		center in a county that has a population of 2,600,000 or more but
40	43		less than 2,700,000.
41	44		Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
42	45		may not be construed to affect requirements directly related to:
43	46		(1) the use and occupancy of residential units leased
44	47		for a term of less than 30 days; or
45	48		(2) flooding, sewer facilities, or well water located
46	49		on an individual residential lot and serving only that lot.
47	50		Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
48	51		PROHIBITED. (a) This section applies only to a tract of land that:
49	52		(1) will be platted and located in an area zoned for
50	53		single-family homes;
51	54		(2) is five acres or more; and
52	55		(3) has no recorded map or plat.
53	56		(b) A municipality may not adopt or enforce an ordinance,
54	57		rule, or other measure that requires:
55	58		(1) a residential lot to be:
56	59		(A) larger than 1,400 square feet;
57	60		(B) wider than 20 feet; or
58	61		(C) deeper than 60 feet; or
59	62		(2) if regulating the density of dwelling units on a
60	63		residential lot, a ratio of dwelling units per acre that results in
61	64		fewer than 31.1 units per acre.
62		-	Sec. 211.055. SMALL LOTS. (a) ~~Except as provided by~~
63		-	~~Subsection (c), a municipality may not adopt~~ or enforce an
64		-	~~ordinance, rule, or other measure that requires a~~ small lot to have:
	65	+	Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
	66	+	or enforce an ordinance, rule, or other measure that requires a
	67	+	small lot to have:
65	68		(1) a building, waterway, plane, or other setback
66	69		greater than:
67	70		(A) five feet from the front or back of the
68	71		property; or
69	72		(B) five feet from the side of the property;
70	73		(2) covered parking;
71	74		(3) more than one parking space per unit;
72	75		(4) off-site parking;
73	76		(5) more than 30 percent open space or permeable
74	77		surface;
75	78		(6) fewer than three full stories not exceeding 10
76	79		feet in height measured from the interior floor to ceiling;
77	80		(7) a maximum building bulk;
78	81		(8) a wall articulation requirement; or
79	82		(9) any other zoning restriction that imposes
80	83		restrictions inconsistent with this subsection, including
81	84		restrictions through contiguous zoning districts or uses or from
82	85		the creation of an overlapping zoning district.
83	86		(b) A municipality may require with respect to a small lot:
84	87		(1) the sharing of a driveway with another lot; or
85	88		(2) permitting fees equivalent to the permitting fees
86	89		charged for the development of a lot the use of which is restricted
87	90		to a single-family residence.
88		-	(c) Notwithstanding Subsection (a)(5), a municipality may
89		-	adopt or enforce an ordinance, rule, or other measure that:
90		-	(1) applies to land located in an aquifer recharge
91		-	zone; and
92		-	(2) relates to the protection of an aquifer.
93	91		Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
94	92		subchapter does not prohibit a municipality from imposing
95	93		restrictions that are applicable to all similarly situated lots or
96	94		subdivisions, including requiring all subdivisions or all small
97	95		lots to fully mitigate stormwater runoff.
98	96		Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
99	97		OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
100	98		property owners from enforcing rules or deed restrictions imposed
101	99		by a homeowners' association or by other private agreement.
102	100		Sec. 211.058. ACTION. (a) A person adversely affected or
103	101		aggrieved by a municipality's violation of this subchapter or a
104	102		housing organization may bring an action against the municipality
105	103		or an officer or employee of the municipality in the officer's or
106	104		employee's official capacity for relief described by Subsection
107	105		(c).
108	106		(b) A claimant must bring an action under this section in a
109	107		county in which the real property that is the subject of the action
110	108		is wholly or partly located.
111	109		(c) In an action brought under this section, a court may:
112	110		(1) enter a declaratory judgment under Chapter 37,
113	111		Civil Practice and Remedies Code;
114	112		(2) issue a writ of mandamus compelling a defendant
115	113		officer or employee to comply with this subchapter;
116	114		(3) issue an injunction preventing the defendant from
117	115		violating this subchapter; and
118	116		(4) award damages to the claimant for economic losses
119	117		caused by the defendant's violation of this subchapter if the
120	118		claimant is a person affected or aggrieved by the violation that is
121	119		the basis for the action.
122	120		(d) A court shall award reasonable attorney's fees and court
123	121		costs incurred in bringing an action under this section to a
124	122		prevailing claimant.
125	123		(e) Governmental immunity of a municipality to suit and from
126	124		liability is waived to the extent of liability created by this
127	125		section. Official immunity of a municipal officer or employee is
128	126		waived to the extent of liability created by this section.
129	127		(f) The Fifteenth Court of Appeals has exclusive
130	128		intermediate appellate jurisdiction over an appeal or original
131	129		proceeding arising from an action brought under this section.
132	130		SECTION 2. This Act takes effect September 1, 2025.
	131	+	* * * * *