Texas Senate Bill SB2703

Texas 2025 - 89th Regular

• Filed: 3/13/25
• Out of Senate Committee: 4/30/25
• Voted on by Senate: 5/9/25
• Out of House Committee: 5/19/25

Caption

Relating to the authority of a municipality or county to regulate condominiums.

Impact

The implications of SB2703 are significant for state laws regarding property usage and local governance. By clearly establishing that municipalities cannot impose stricter regulations on condominiums than they would on similar properties, the bill is poised to align local practices with equitable treatment of property owners. However, this could limit the flexibility of local governments to enforce regulations that may be necessary based on specific community needs. The change is particularly relevant for urban developments where the growth of condominiums has become increasingly prevalent as a residential choice.

Summary

SB2703 addresses the regulatory powers of municipalities and counties concerning condominiums. The bill amends the Property Code to prevent local zoning, subdivision, or building codes from prohibiting the condominium form of ownership. It seeks to ensure that condominiums are treated equally to other forms of property ownership in terms of local regulations. This means that identical developments should not face stricter regulations simply because they are classified as condominiums, thereby promoting fairness in property regulation across different ownership forms. Should the bill pass, its regulations would become effective on September 1, 2025.

Sentiment

Sentiment surrounding SB2703 appears to be mixed. Proponents argue that the bill enhances housing opportunities by removing barriers for condominium development, which is essential in addressing housing shortages in urban areas. Supporters believe that a standard approach will promote consistency in property management and ownership practices. Conversely, opponents express concern that the bill undermines local control and may lead to challenges in community-level governance, particularly in areas that require unique zoning laws tailored to local needs.

Contention

Key points of contention in the discussions surrounding SB2703 revolve around the tension between state regulation and local authority. Detractors highlight the risks of centralizing regulatory power, fearing that local governments would be hampered in addressing specific challenges related to housing and development in their areas. The debate emphasizes the conflict between promoting uniformity in housing regulation and preserving the ability of municipalities to govern effectively according to the specific needs and dynamics of their communities.

Texas Constitutional Statutes Affected

Property Code

• Chapter 82. Uniform Condominium Act
  • Section: 006
  • Section: 006
  • Section: 006
  • Section: 006
  • Section: 006
  • Section: 006

Local Government Code

• Chapter 212. Municipal Regulation Of Subdivisions And Property Development
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 232. County Regulation Of Subdivisions
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 242. Authority Of Municipality And County To Regulate Subdivisions In And Outside Municipality's Extraterritorial Jurisdiction
  • Section: New Section
  • Section: New Section
  • Section: New Section