Bill Text: TX HB24 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to procedures for changes to a zoning regulation or district boundary.
Sponsorship: Slight Partisan Bill (Republican 17-8)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB24 Detail]
Download: Texas-2025-HB24-Enrolled.html
| H.B. No. 24 | ||
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| relating to procedures for changes to a zoning regulation or | ||
| district boundary. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 211, Local Government | ||
| Code, is amended by adding Section 211.0011 to read as follows: | ||
| Sec. 211.0011. DEFINITION. In this subchapter, "proposed | ||
| comprehensive zoning change" means a municipal proposal to: | ||
| (1) change an existing zoning regulation that: | ||
| (A) will have the effect of allowing more | ||
| residential development than the previous regulation; and | ||
| (B) will apply uniformly to each parcel in one or | ||
| more zoning districts; | ||
| (2) adopt a new zoning code or zoning map that will | ||
| apply to the entire municipality; or | ||
| (3) adopt a zoning overlay district that: | ||
| (A) will have the effect of allowing more | ||
| residential development than allowed without the overlay; and | ||
| (B) will include an area along a major roadway, | ||
| highway, or transit corridor. | ||
| SECTION 2. Section 211.006(a), Local Government Code, is | ||
| amended to read as follows: | ||
| (a) The governing body of a municipality wishing to exercise | ||
| the authority relating to zoning regulations and zoning district | ||
| boundaries shall establish procedures for adopting and enforcing | ||
| the regulations and boundaries. A regulation or boundary is not | ||
| effective until after a public hearing on the matter at which | ||
| parties in interest and citizens have an opportunity to be | ||
| heard. Before the 15th day before the date of the hearing, notice | ||
| of the time and place of the hearing must be: | ||
| (1) published in an official newspaper or a newspaper | ||
| of general circulation in the municipality; and | ||
| (2) if the municipality maintains an Internet website, | ||
| published on the municipality's Internet website. | ||
| SECTION 3. Subchapter A, Chapter 211, Local Government | ||
| Code, is amended by adding Section 211.0061 to read as follows: | ||
| Sec. 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED | ||
| CHANGES. (a) This section applies only to a proposed change to a | ||
| zoning regulation or district boundary that is not a proposed | ||
| comprehensive zoning change. | ||
| (b) A protest of a proposed change to a zoning regulation or | ||
| district boundary must be written and signed by the owners of: | ||
| (1) at least 20 percent of the area of the lots or land | ||
| covered by the proposed change; | ||
| (2) except as provided by Subdivision (3), at least 20 | ||
| percent of the area of the lots or land immediately adjoining the | ||
| area covered by the proposed change and extending 200 feet from that | ||
| area; or | ||
| (3) at least 60 percent of the area of the lots or land | ||
| immediately adjoining the area covered by the proposed change and | ||
| extending 200 feet from that area if the proposed change has the | ||
| effect of allowing more residential development than the existing | ||
| zoning regulation or district boundary and does not have the effect | ||
| of allowing additional commercial or industrial uses unless the | ||
| additional use is limited to the first floor of any residential | ||
| development and does not exceed 35 percent of the overall | ||
| development. | ||
| (d) If a proposed change to a regulation or district | ||
| boundary is protested in accordance with Subsection (b), the | ||
| proposed change must receive, in order to take effect, the | ||
| affirmative vote of at least: | ||
| (1) three-fourths of all members of the governing body | ||
| for a protest described by Subsection (b)(1) or (2); or | ||
| (2) a majority of all members of the governing body for | ||
| a protest described by Subsection (b)(3). | ||
| SECTION 4. Section 211.006(e), Local Government Code, is | ||
| transferred to Section 211.0061, Local Government Code, as added by | ||
| this Act, redesignated as Section 211.0061(c), Local Government | ||
| Code, and amended to read as follows: | ||
| (c) [ |
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| Subsection (b): | ||
| (1) [ |
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| included; and | ||
| (2) the land area is not calculated individually for | ||
| each tract of land subject to a proposed change in a zoning | ||
| regulation or district boundary but in the aggregate for all tracts | ||
| of land subject to the change. | ||
| SECTION 5. Subchapter A, Chapter 211, Local Government | ||
| Code, is amended by adding Sections 211.0063 and 211.0065 to read as | ||
| follows: | ||
| Sec. 211.0063. NOTICE FOR PROPOSED COMPREHENSIVE ZONING | ||
| CHANGES. The notices described by Section 211.006(a) or | ||
| 211.007(d), as applicable, and Section 211.006(a-1) are the only | ||
| notices required for a proposed comprehensive zoning change. | ||
| Sec. 211.0065. PRESUMPTION OF VALIDITY FOR CERTAIN CHANGES | ||
| TO ZONING REGULATIONS OR DISTRICT BOUNDARIES. A change to a zoning | ||
| regulation or district boundary that has the effect of allowing | ||
| more residential development than the previous regulation is | ||
| conclusively presumed valid and to have occurred in accordance with | ||
| all applicable statutes and ordinances if an action to annul or | ||
| invalidate the change has not been filed before the 60th day after | ||
| the effective date of the change. | ||
| SECTION 6. Subchapter A, Chapter 211, Local Government | ||
| Code, is amended by adding Section 211.0073 to read as follows: | ||
| Sec. 211.0073. NOTICE SIGN REQUIREMENT FOR CERTAIN ZONING | ||
| CHANGES IN HOME-RULE MUNICIPALITIES. (a) Not later than the 10th | ||
| day before the date the zoning commission of a home-rule | ||
| municipality holds a hearing on a proposed change in zoning | ||
| classification that does not apply to the whole municipality and | ||
| until the date of a final determination on the proposed change by | ||
| the governing body of the municipality, the zoning commission shall | ||
| post a notice sign in accordance with this section on: | ||
| (1) the property affected by the change; or | ||
| (2) a public right-of-way for a change initiated by | ||
| the municipality that affects multiple properties. | ||
| (b) The notice sign must be at least 24 inches long by 48 | ||
| inches wide. | ||
| (c) The zoning commission may elect to provide, maintain, | ||
| and pay for a notice sign under this section or require an applicant | ||
| for a change in zoning classification to provide, maintain, and pay | ||
| for the sign. | ||
| (d) Notice requirements prescribed under this section are | ||
| in addition to notice required by Section 211.007. | ||
| SECTION 7. Sections 211.006(d) and (f), Local Government | ||
| Code, are repealed. | ||
| SECTION 8. The changes in law made by this Act apply only to | ||
| a proposal to change a municipal zoning regulation or district | ||
| boundary made on or after the effective date of this Act. | ||
| SECTION 9. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 24 was passed by the House on May 6, | ||
| 2025, by the following vote: Yeas 83, Nays 56, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 24 on May 29, 2025, by the following vote: Yeas 104, Nays 30, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 24 was passed by the Senate, with | ||
| amendments, on May 25, 2025, by the following vote: Yeas 30, Nays | ||
| 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
