By: Middleton S.B. No. 854
(In the Senate - Filed January 17, 2025; February 13, 2025,
read first time and referred to Committee on Local Government;
March 17, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; March 17, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 854 By: Middleton
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of multifamily and mixed-use
development on religious land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 212, Local Government Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND
Sec. 212.251. DEFINITIONS. In this subchapter:
(1) "Heavy industrial use" means a storage,
processing, or manufacturing use:
(A) with processes using flammable or explosive
materials;
(B) with hazardous conditions; or
(C) that is noxious or offensive from odors,
smoke, noise, fumes, or vibrations.
(2) "Housing organization" means a:
(A) trade or industry group consisting of local
members primarily engaged in the construction or management of
housing units;
(B) nonprofit organization that:
(i) provides or advocates for increased
access or reduced barriers to housing; and
(ii) has filed written or oral comments
with the legislature; or
(C) nonprofit organization that is engaged in
public policy research, education, and outreach that includes
housing policy-related issues and advocacy.
(3) "Mixed-use" means the use and development of a
site consisting of residential and nonresidential uses in which:
(A) residential uses occupy at least 50 percent
of the total square footage of the development; and
(B) nonresidential uses are related to
furthering the mission or purpose of a religious organization.
(4) "Multifamily" means the use and development of a
site for three or more dwelling units within one or more buildings.
The term includes the use or development of residential units with a
condominium form of ownership.
(5) "Religious land" means land owned by a religious
organization or land that is leased by a religious organization for
a term of at least 40 years.
(6) "Religious organization" means an organization
described by Section 110.011(b), Civil Practice and Remedies Code.
Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to religious land located within a quarter mile of a
heavy industrial use, an airport, a seaport, or a military base.
Sec. 212.253. ALLOWABLE USES. (a) A municipality must
permit multifamily and mixed-use as allowable uses on religious
land.
(b) Notwithstanding any other law, a municipality may not
require a proposed multifamily or mixed-use development on
religious land to obtain a zoning or land use change, special
exception, variance, conditional use approval, special use permit,
comprehensive plan amendment, or other land use classification or
approval to:
(1) permit the proposed use and development; or
(2) allow for the minimum densities, building height,
setbacks, and site development regulations authorized under this
subchapter.
Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS.
Notwithstanding any other law, for a multifamily or mixed-use
development on religious land, a municipality may not:
(1) restrict the height of a proposed development to
less than 40 feet and three full stories;
(2) require front setbacks greater than 15 feet, rear
setbacks greater than 10 feet, or side setbacks greater than 5 feet
unless modified by historic design standards as authorized under
Section 211.003(b);
(3) establish minimum parking requirements except as
necessary to comply with federal law;
(4) restrict the ratio of the development's proposed
building gross floor area to site area, building coverage, density,
unit size or number base as compared to site area, size of a unit, or
otherwise restrict development using any other dimensional
constraint except as provided by Subdivisions (1) and (2); or
(5) for a proposed development converting an existing
building from a different use to a multifamily or mixed-use:
(A) require the conversion to exceed standards
imposed by the International Building Code, unless the standards
are in accordance with historic design standards as authorized
under Section 211.003(b);
(B) apply height restrictions more restrictive
than the structure's existing height;
(C) require setbacks for the structure more
restrictive than the structure's existing setbacks; or
(D) require parking that exceeds the existing
parking for the structure.
Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This
subchapter does not affect a municipality's authority to apply the
following that are generally applicable to other developments in
the municipality:
(1) sewer and water access requirements;
(2) stormwater mitigation requirements;
(3) except as otherwise provided by this subchapter,
building codes;
(4) regulations related to short-term rentals; and
(5) regulations related to historic preservation,
including protecting historic landmarks or property in the
boundaries of a local historic district.
Sec. 212.256. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
property owners from enforcing rules or deed restrictions imposed
by a homeowners' association or by other private agreement.
Sec. 212.257. DUTY TO APPROVE. (a) Notwithstanding any
other law, a municipality shall approve an application for a
multifamily or mixed-use development on religious land if the
development satisfies the municipality's land development
regulations for multifamily or mixed-use developments, as
applicable, other than a regulation involving a matter described by
Section 212.254.
(b) The municipality's duty to approve a development under
Subsection (a) is purely ministerial.
Sec. 212.258. ACTION. (a) A person affected by a
municipality's violation of this subchapter or a housing
organization may bring an action against the municipality or an
officer or employee of the municipality in the officer's or
employee's official capacity for relief described by Subsection
(c).
(b) A claimant must bring an action under this section in a
county in which the real property that is the subject of the action
is wholly or partly located.
(c) In an action brought under this section, a court may:
(1) enter a declaratory judgment under Chapter 37,
Civil Practice and Remedies Code;
(2) issue a writ of mandamus compelling a defendant
officer or employee to comply with this subchapter;
(3) issue an injunction preventing the defendant from
violating this subchapter; and
(4) award damages to the claimant for economic losses
caused by the defendant's violation of this subchapter if the
claimant is a person affected or aggrieved by the violation that is
the basis for the action.
(d) A court shall award reasonable attorney's fees and court
costs incurred in bringing an action under this section to a
prevailing claimant.
(e) Governmental immunity of a municipality to suit and from
liability is waived to the extent of liability created by this
section. Official immunity of a municipal officer or employee is
waived to the extent of liability created by this section.
(f) The Fifteenth Court of Appeals has exclusive
intermediate appellate jurisdiction over an appeal or original
proceeding arising from an action brought under this section.
SECTION 2. This Act takes effect September 1, 2025.
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