Texas 2025 - 89th Regular

Texas Senate Bill SB854 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R9866 SCL-F
1	2		By: Middleton S.B. No. 854
2		-	(In the Senate - Filed January 17, 2025; February 13, 2025,
3		-	read first time and referred to Committee on Local Government;
4		-	March 17, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 5, Nays 1; March 17, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 854 By: Middleton
	3	+
	4	+
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to municipal regulation of multifamily and mixed-use
14	10		development on religious land.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Chapter 212, Local Government Code, is amended
17	13		by adding Subchapter I to read as follows:
18	14		SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND
19	15		Sec. 212.251. DEFINITIONS. In this subchapter:
20		-	(1) "Heavy industrial use" means a storage,
	16	+	(1) "Group home" means a residential facility that
	17	+	provides housing and support services in a community-based
	18	+	environment for individuals who require assistance due to physical,
	19	+	mental, developmental, or behavioral disabilities.
	20	+	(2) "Heavy industrial use" means a storage,
21	21		processing, or manufacturing use:
22	22		(A) with processes using flammable or explosive
23	23		materials;
24	24		(B) with hazardous conditions; or
25	25		(C) that is noxious or offensive from odors,
26	26		smoke, noise, fumes, or vibrations.
27		-	(2) "Housing organization" means a:
	27	+	(3) "Housing organization" means a:
28	28		(A) trade or industry group consisting of local
29	29		members primarily engaged in the construction or management of
30	30		housing units;
31	31		(B) nonprofit organization that:
32	32		(i) provides or advocates for increased
33	33		access or reduced barriers to housing; and
34	34		(ii) has filed written or oral comments
35	35		with the legislature; or
36	36		(C) nonprofit organization that is engaged in
37	37		public policy research, education, and outreach that includes
38	38		housing policy-related issues and advocacy.
39		-	(3) "Mixed-use" means the use and development of a
40		-	site consisting of residential and nonresidential uses in which:
41		-	(A) residential uses occupy at least 50 percent
42		-	of the total square footage of the development; and
43		-	(B) nonresidential uses are related to
44		-	furthering the mission or purpose of a religious organization.
45		-	(4) "Multifamily" means the use and development of a
	39	+	(4) "Mixed-use" means the use and development of a
	40	+	site consisting of residential and nonresidential uses in which
	41	+	residential uses occupy at least 65 percent of the total square
	42	+	footage of the development.
	43	+	(5) "Multifamily" means the use and development of a
46	44		site for three or more dwelling units within one or more buildings.
47		-	The term includes the use or development of residential units with a
48		-	condominium form of ownership.
49		-	(5) "Religious land" means land owned by a religious
	45	+	The term includes a residential condominium.
	46	+	(6) "Religious land" means land owned by a religious
50	47		organization or land that is leased by a religious organization for
51	48		a term of at least 40 years.
52		-	(6) "Religious organization" means an organization
53		-	described by Section 110.011(b), Civil Practice and Remedies Code.
	49	+	(7) "Religious organization" means an organization
	50	+	that is:
	51	+	(A) open to the public; and
	52	+	(B) described by Section 110.011(b), Civil
	53	+	Practice and Remedies Code.
	54	+	(8) "Supportive housing" means residential
	55	+	accommodations that combine housing with on-site or off-site
	56	+	supportive services, designed to assist individuals or families in
	57	+	maintaining stable housing and achieving greater independence.
54	58		Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter
55	59		does not apply to religious land located within a quarter mile of a
56	60		heavy industrial use, an airport, a seaport, or a military base.
57	61		Sec. 212.253. ALLOWABLE USES. (a) A municipality must
58	62		permit multifamily and mixed-use as allowable uses on religious
59	63		land.
60	64		(b) Notwithstanding any other law, a municipality may not
61	65		require a proposed multifamily or mixed-use development on
62	66		religious land to obtain a zoning or land use change, special
63	67		exception, variance, conditional use approval, special use permit,
64	68		comprehensive plan amendment, or other land use classification or
65	69		approval to:
66	70		(1) permit the proposed use and development; or
67	71		(2) allow for the minimum densities, building height,
68	72		setbacks, and site development regulations authorized under this
69	73		subchapter.
70		-	Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS.
71		-	~~Notwithstanding any other law, for a~~ multifamily or mixed-use
72		-	~~development on religious land, a~~ municipality may not:
	74	+	Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS. For a
	75	+	multifamily or mixed-use development on religious land, a
	76	+	municipality may not:
73	77		(1) restrict the height of a proposed development to
74	78		less than 40 feet and three full stories;
75	79		(2) require front setbacks greater than 15 feet, rear
76		-	setbacks greater than 10 feet, or side setbacks greater than 5 feet
77		-	unless modified by historic design standards as authorized under
78		-	Section 211.003(b);
	80	+	setbacks greater than 10 feet, or side setbacks greater than 5 feet;
79	81		(3) establish minimum parking requirements except as
80	82		necessary to comply with federal law;
81	83		(4) restrict the ratio of the development's proposed
82	84		building gross floor area to site area, building coverage, density,
83	85		unit size or number base as compared to site area, size of a unit, or
84	86		otherwise restrict development using any other dimensional
85		-	constraint except as provided by Subdivisions (1) and (2); or
86		-	(5) for a proposed development converting an existing
87		-	building from a different use to a multifamily or mixed-use:
88		-	(A) require the conversion to exceed standards
89		-	imposed by the International Building Code, unless the standards
90		-	are in accordance with historic design standards as authorized
91		-	under Section 211.003(b);
92		-	(B) apply height restrictions more restrictive
93		-	than the structure's existing height;
94		-	(C) require setbacks for the structure more
95		-	restrictive than the structure's existing setbacks; or
96		-	(D) require parking that exceeds the existing
97		-	parking for the structure.
	87	+	constraint except as provided by Subdivisions (1) and (2);
	88	+	(5) prohibit supportive housing or group homes; or
	89	+	(6) for a proposed development converting an existing
	90	+	building from a different use to a multifamily or mixed-use,
	91	+	require the conversion to exceed standards imposed by the
	92	+	International Building Code.
98	93		Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This
99	94		subchapter does not affect a municipality's authority to apply the
100	95		following that are generally applicable to other developments in
101	96		the municipality:
102	97		(1) sewer and water access requirements;
103		-	(2) stormwater mitigation requirements;
	98	+	(2) stormwater mitigation requirements; and
104	99		(3) except as otherwise provided by this subchapter,
105		-	building codes;
106		-	(4) regulations related to short-term rentals; and
107		-	(5) regulations related to historic preservation,
108		-	including protecting historic landmarks or property in the
109		-	boundaries of a local historic district.
110		-	Sec. 212.256. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
111		-	OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
112		-	property owners from enforcing rules or deed restrictions imposed
113		-	by a homeowners' association or by other private agreement.
114		-	Sec. 212.257. DUTY TO APPROVE. (a) Notwithstanding any
115		-	other law, a municipality shall approve an application for a
116		-	multifamily or mixed-use development on religious land if the
117		-	development satisfies the municipality's land development
118		-	regulations for multifamily or mixed-use developments, as
119		-	applicable, other than a regulation involving a matter described by
120		-	Section 212.254.
	100	+	building codes.
	101	+	Sec. 212.256. DUTY TO APPROVE. (a) A municipality shall
	102	+	approve an application for a multifamily or mixed-use development
	103	+	on religious land if the development satisfies the municipality's
	104	+	land development regulations for multifamily or mixed-use
	105	+	developments, as applicable, other than a regulation involving a
	106	+	matter described by Section 212.254.
121	107		(b) The municipality's duty to approve a development under
122	108		Subsection (a) is purely ministerial.
123		-	Sec. 212.~~258~~. ACTION. (a) A person affected by a
	109	+	Sec. 212.257. ACTION. (a) A person affected by a
124	110		municipality's violation of this subchapter or a housing
125	111		organization may bring an action against the municipality or an
126	112		officer or employee of the municipality in the officer's or
127	113		employee's official capacity for relief described by Subsection
128	114		(c).
129	115		(b) A claimant must bring an action under this section in a
130	116		county in which the real property that is the subject of the action
131	117		is wholly or partly located.
132	118		(c) In an action brought under this section, a court may:
133	119		(1) enter a declaratory judgment under Chapter 37,
134	120		Civil Practice and Remedies Code;
135	121		(2) issue a writ of mandamus compelling a defendant
136	122		officer or employee to comply with this subchapter;
137	123		(3) issue an injunction preventing the defendant from
138	124		violating this subchapter; and
139	125		(4) award damages to the claimant for economic losses
140	126		caused by the defendant's violation of this subchapter if the
141	127		claimant is a person affected or aggrieved by the violation that is
142	128		the basis for the action.
143	129		(d) A court shall award reasonable attorney's fees and court
144	130		costs incurred in bringing an action under this section to a
145	131		prevailing claimant.
146	132		(e) Governmental immunity of a municipality to suit and from
147	133		liability is waived to the extent of liability created by this
148	134		section. Official immunity of a municipal officer or employee is
149	135		waived to the extent of liability created by this section.
150	136		(f) The Fifteenth Court of Appeals has exclusive
151	137		intermediate appellate jurisdiction over an appeal or original
152	138		proceeding arising from an action brought under this section.
153	139		SECTION 2. This Act takes effect September 1, 2025.
154		-	* * * * *