Texas 2025 - 89th Regular

Texas Senate Bill SB840 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Parker S.B. No. 840
2		-
3		-
	1	+	By: Hughes S.B. No. 840
	2	+	(In the Senate - Filed January 17, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on Local Government;
	4	+	March 18, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 2; March 18, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 840 By: Middleton
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to certain municipal regulation of certain mixed-use and
9	14		multifamily residential development projects and conversion of
10	15		certain commercial buildings to mixed-use and multifamily
11	16		residential occupancy.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Subchapter A, Chapter 211, Local Government
14	19		Code, is amended by adding Section 211.0011 to read as follows:
15	20		Sec. 211.0011. ZONING REGULATION OF MIXED-USE RESIDENTIAL
16	21		AND MULTIFAMILY RESIDENTIAL USE AND DEVELOPMENT. (a) In this
17	22		section, "mixed-use residential" and "multifamily residential"
18	23		have the meanings assigned by Section 218.001.
19	24		(b) The authority under this chapter related to zoning
20	25		regulations and the determination of zoning district boundaries in
21	26		connection with mixed-use residential use and development and
22	27		multifamily residential use and development is subject to Chapter
23	28		218.
24	29		SECTION 2. Subtitle A, Title 7, Local Government Code, is
25	30		amended by adding Chapter 218 to read as follows:
26	31		CHAPTER 218. REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL
27	32		USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES
28	33		SUBCHAPTER A. GENERAL PROVISIONS
29	34		Sec. 218.001. DEFINITIONS. In this chapter:
30	35		(1) "Heavy industrial use" means a storage,
31	36		processing, or manufacturing use:
32	37		(A) with processes using flammable or explosive
33	38		materials;
34	39		(B) with hazardous conditions; or
35	40		(C) that is noxious or offensive from odors,
36	41		smoke, noise, fumes, or vibrations.
37	42		(2) "Mixed-use residential," when used to describe
38	43		land use or development, means the use or development, as
39	44		applicable, of a site consisting of residential and nonresidential
40	45		uses in which the residential uses are at least 65 percent of the
41	46		total square footage of the development. The term includes the use
42	47		or development of a condominium.
43	48		(3) "Multifamily residential," when used to describe
44	49		land use or development, means the use or development, as
45	50		applicable, of a site for three or more dwelling units within one or
46	51		more buildings. The term includes the use or development of a
47	52		residential condominium.
48	53		Sec. 218.002. APPLICABILITY. This chapter applies only to
49		-	a municipality with a population greater than ~~150~~,000 that is
50		-	~~wholly~~ or partly located in a county with a population greater than
	54	+	a municipality with a population greater than 90,000 that is wholly
	55	+	or partly located in a county with a population greater than
51	56		300,000.
52	57		Sec. 218.003. NO EFFECT ON OTHER RESTRICTIONS AND RULES.
53	58		This chapter does not affect the authority of a municipality to:
54	59		(1) apply the municipality's regulations on short-term
55	60		rental units to a mixed-use residential or multifamily residential
56	61		development;
57	62		(2) adopt or enforce water quality protection
58	63		regulations to implement or comply with water quality requirements
59	64		under state or federal law, including Chapter 366, Health and
60	65		Safety Code; or
61	66		(3) adopt or enforce a density bonus program or other
62	67		voluntary program that allows for site development standards that
63	68		are less restrictive than the standards described by this chapter.
64	69		SUBCHAPTER B. ZONING AND DEVELOPMENT REGULATIONS
65	70		Sec. 218.101. MIXED-USE RESIDENTIAL AND MULTIFAMILY
66	71		RESIDENTIAL USES ALLOWED. (a) Notwithstanding any other law and
67	72		subject to Subsection (c), a municipality shall allow mixed-use
68	73		residential use and development or multifamily residential use and
69	74		development in a zoning classification that allows office,
70	75		commercial, retail, warehouse, or mixed-use use or development as
71	76		an allowed use under the classification.
72	77		(b) Notwithstanding any other law and subject to Subsection
73	78		(c), a municipality may not require the change of a zoning district
74	79		or land use classification or regulation or an approval of an
75	80		amendment, exception, or variance to a zoning district or land use
76	81		classification or regulation prior to allowing a mixed-use
77	82		residential use or development or multifamily residential use or
78	83		development in an area covered by a zoning classification described
79	84		by Subsection (a). An amendment, exception, or variance to a zoning
80	85		district or land use classification or regulation includes a
81	86		special exception, zoning variance, site development variance,
82	87		subdivision variance, conditional use approval, special use
83	88		permit, comprehensive plan amendment, or other discretionary
84	89		approval to allow a mixed-use residential use or development or
85	90		multifamily residential use or development.
86	91		(c) This section does not apply to:
87	92		(1) a zoning classification that allows heavy
88	93		industrial use; or
89	94		(2) land located within 1,000 feet of an existing
90	95		heavy industrial use or development site, airport, or military
91	96		base.
92	97		Sec. 218.102. REGULATION OF MIXED-USE RESIDENTIAL AND
93	98		MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT. (a) Notwithstanding
94	99		any other law, a municipality may not adopt or enforce an ordinance,
95	100		zoning restriction, or other regulation that:
96	101		(1) imposes on a mixed-use residential or multifamily
97	102		residential development:
98	103		(A) a limit on density that is more restrictive
99	104		than the greater of:
100	105		(i) the highest residential density allowed
101	106		in the municipality; or
102	107		(ii) 36 units per acre;
103	108		(B) a limit on building height that is more
104	109		restrictive than the greater of:
105	110		(i) the highest height that would apply to
106	111		an office, commercial, retail, or warehouse development
107	112		constructed on the site; or
108	113		(ii) 45 feet; or
109	114		(C) a setback or buffer requirement that is more
110	115		restrictive than the lesser of:
111	116		(i) a setback or buffer requirement that
112	117		would apply to an office, commercial, retail, or warehouse
113	118		development constructed on the site; or
114	119		(ii) 25 feet;
115	120		(2) requires a mixed-use residential or multifamily
116	121		residential development to provide:
117	122		(A) more than one parking space per dwelling
118	123		unit; or
119	124		(B) a multi-level parking structure;
120	125		(3) restricts the ratio of the total building floor
121	126		area of a mixed-use residential or multifamily residential
122	127		development in relation to the lot area of the development; or
123	128		(4) requires a multifamily residential development
124	129		not located in an area zoned for mixed-use residential use to
125	130		contain nonresidential uses.
126	131		(b) Notwithstanding any other law, if a municipal authority
127	132		responsible for approving a building permit or other authorization
128	133		required for the construction of a mixed-use residential or
129	134		multifamily residential development determines that a proposed
130	135		development meets municipal land development regulations in
131	136		accordance with this subchapter, the municipal authority:
132	137		(1) shall administratively approve the permit or other
133	138		authorization; and
134	139		(2) may not require further action by the governing
135	140		body of the municipality for the approval to take effect.
136	141		SUBCHAPTER C. FEES AND REGULATIONS APPLICABLE TO CONVERSION OF
137	142		CERTAIN USES
138	143		Sec. 218.201. DEFINITION. In this subchapter, "permit" has
139	144		the meaning assigned by Section 245.001.
140	145		Sec. 218.202. APPLICABILITY. This subchapter applies only
141	146		to a building or the structural components of the building that:
142	147		(1) is being used for office, retail, or warehouse
143	148		use;
144	149		(2) is proposed to be converted from nonresidential
145	150		occupancy to mixed-use residential or multifamily residential
146	151		occupancy for at least 65 percent of the building and at least 65
147	152		percent of each floor of the building that is fit for occupancy; and
148	153		(3) was constructed at least five years before the
149	154		proposed date to start the conversion.
150	155		Sec. 218.203. FEE WAIVER. Notwithstanding any other law, a
151	156		municipality may not charge a fee in connection with the
152	157		submission, review, or approval of an application for a permit
153	158		related to the use, development, or construction of a building
154	159		proposed to be converted to mixed-use residential or multifamily
155	160		residential use, including any fee for:
156	161		(1) acquiring a building permit;
157	162		(2) the closure of a street or sidewalk adjacent to the
158	163		proposed converted building; or
159	164		(3) an expedited permit review for the proposed
160	165		converted building if the municipality has adopted an accelerated
161	166		residential building permit review process.
162	167		Sec. 218.204. PARKLAND DEDICATION AND FEE PROHIBITED.
163	168		(a) In this section, "parkland," "parkland dedication," and
164	169		"parkland dedication fee" have the meanings assigned by Section
165	170		212.201.
166	171		(b) Notwithstanding Subchapter H, Chapter 212, a
167	172		municipality may not require the dedication of parkland or impose a
168	173		parkland dedication fee in connection with a building proposed to
169	174		be converted to mixed-use residential or multifamily residential
170	175		use.
171	176		Sec. 218.205. CERTAIN REGULATIONS PROHIBITED.
172	177		Notwithstanding any other law, a municipality may not, in
173	178		connection with the use, development, construction, or occupancy of
174	179		a building proposed to be converted to mixed-use residential or
175	180		multifamily residential use, require:
176	181		(1) the preparation of a traffic impact analysis or
177	182		other study relating to the effect the proposed converted building
178	183		would have on traffic or traffic operations;
179	184		(2) the construction of improvements or payment of a
180	185		fee in connection with mitigating traffic effects related to the
181	186		proposed converted building;
182	187		(3) the provision of additional parking spaces, other
183	188		than the parking spaces that already exist on the site of the
184	189		proposed converted building;
185	190		(4) the extension, upgrade, replacement, or
186	191		oversizing of a utility facility except as necessary to provide the
187	192		minimum capacity needed to serve the proposed converted building;
188	193		or
189	194		(5) a design requirement, including a requirement
190	195		related to the exterior, windows, internal environment of a
191	196		building, or interior space dimensions of an apartment, that is
192	197		more restrictive than the applicable minimum standard under the
193	198		International Building Code as adopted as a municipal commercial
194	199		building code under Section 214.216.
195	200		Sec. 218.206. IMPACT FEE PROHIBITED. Notwithstanding any
196	201		other law, a municipality may not impose an impact fee, as defined
197	202		by Section 395.001, on land where a building has been converted to
198	203		mixed-use residential or multifamily residential use unless the
199	204		land on which the building is located was already subject to an
200	205		impact fee before a building permit related to the conversion was
201	206		filed with the municipality.
202	207		SUBCHAPTER D. ENFORCEMENT
203	208		Sec. 218.301. CIVIL ACTION. (a) In this section, "housing
204	209		organization" means a:
205	210		(1) trade or industry group organized under the laws
206	211		of this state consisting of local members primarily engaged in the
207	212		construction or management of housing units;
208	213		(2) nonprofit organization organized under the laws of
209	214		this state that:
210	215		(A) provides or advocates for increased access or
211	216		reduced barriers to housing; and
212	217		(B) has filed written or oral comments with the
213	218		legislature; or
214	219		(3) nonprofit organization that is engaged in public
215	220		policy research, education, and outreach that includes housing
216	221		policy-related issues and advocacy.
217	222		(b) Except as provided by Subsection (c), a person adversely
218	223		affected or aggrieved by a violation of this chapter may bring an
219	224		action for economic damages or declaratory or injunctive relief
220	225		against a municipality or an officer of a municipality in the
221	226		officer's official capacity.
222	227		(c) A housing organization may bring an action for
223	228		declaratory or injunctive relief for a violation of this chapter
224	229		against a municipality or an officer of a municipality in the
225	230		officer's official capacity.
226	231		(d) A claimant who prevails in an action brought under
227	232		Subsection (b) or (c) is entitled to recover court costs and
228	233		reasonable attorney's fees.
229	234		(e) Notwithstanding any other law, including Chapter 15,
230	235		Civil Practice and Remedies Code, an action brought under this
231	236		section must be brought in a county in which all or part of the real
232	237		property that is the subject of the action is located.
233	238		(f) Notwithstanding any other law, the Fifteenth Court of
234	239		Appeals has exclusive intermediate appellate jurisdiction over an
235	240		action brought under this section.
236	241		(g) Governmental immunity of a municipality to suit and from
237	242		liability is waived to the extent of liability created by this
238		-	section.
	243	+	section. Official immunity of a municipal officer or employee is
	244	+	waived to the extent of liability created by this section.
239	245		SECTION 3. Section 395.011, Local Government Code, is
240	246		amended by amending Subsection (b) and adding Subsection (b-1) to
241	247		read as follows:
242	248		(b) Except as provided by Section 218.206 and Subsection
243	249		(b-1), political [Political] subdivisions may enact or impose
244	250		impact fees on land within their corporate boundaries or
245	251		extraterritorial jurisdictions only by complying with this
246	252		chapter.
247	253		(b-1) A political subdivision may not enact or impose an
248	254		impact fee on land within its[, except that impact fees may not be
249	255		enacted or imposed in the] extraterritorial jurisdiction for
250	256		roadway facilities.
251	257		SECTION 4. (a) Subchapter B, Chapter 218, Local Government
252	258		Code, as added by this Act, applies only to a mixed-use residential
253	259		or multifamily residential development project initiated on or
254	260		after the effective date of this Act.
255	261		(b) Subchapter C, Chapter 218, Local Government Code, as
256	262		added by this Act, applies only to a building proposed to be
257	263		converted to mixed-use residential or multifamily residential use
258	264		in which a building permit was submitted to a municipality on or
259	265		after the effective date of this Act.
260	266		SECTION 5. This Act takes effect September 1, 2025.
	267	+	* * * * *