Bill Text: TX HB3135 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the review, adoption, and modification of land development regulations by certain municipalities, counties, and special districts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-21 - Left pending in committee [HB3135 Detail]
Download: Texas-2023-HB3135-Engrossed.html
By: Stucky | H.B. No. 3135 |
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relating to the review, adoption, and modification of land | ||
development regulations by certain municipalities, counties, and | ||
special districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 7, Local Government Code, is | ||
amended by adding Chapter 247 to read as follows: | ||
CHAPTER 247. REVIEW, ADOPTION, AND MODIFICATION OF LAND | ||
DEVELOPMENT REGULATIONS | ||
Sec. 247.001. DEFINITIONS. In this chapter: | ||
(1) "Land development regulation" means an ordinance, | ||
order, rule, or other regulation or standard of a political | ||
subdivision that regulates: | ||
(A) zoning; | ||
(B) subdivision requirements; | ||
(C) development review and planning | ||
requirements; | ||
(D) commercial, residential, and multifamily | ||
building and construction codes; | ||
(E) fire, electric, heating, plumbing, energy | ||
conservation, water, and flooding codes; | ||
(F) development license, permit, and application | ||
fees; or | ||
(G) any other related aspect of land development | ||
as determined by the political subdivision. | ||
(2) "Political subdivision" means a: | ||
(A) county; or | ||
(B) municipality. | ||
Sec. 247.002. APPLICABILITY. This chapter applies only to | ||
a political subdivision with a population of 200,000 or more that | ||
imposes a tax. | ||
Sec. 247.003. REVIEW OF EXISTING LAND DEVELOPMENT | ||
REGULATIONS. (a) The governing body of a political subdivision | ||
shall review the costs, benefits, and risks of the existing land | ||
development regulations of the political subdivision. | ||
(b) The governing body shall review each existing land | ||
development regulation at least once every 10 years. | ||
(c) A review of a land development regulation under this | ||
section must consider: | ||
(1) the regulation's impact on housing development; | ||
(2) whether the regulation remains appropriate and | ||
benefits landowners, residents, or the public; | ||
(3) whether the regulation impedes the use of | ||
technologies and techniques that conserve energy or water; | ||
(4) the benefits of the regulation for affected | ||
parties; | ||
(5) the extent to which landowners, residents, or the | ||
public incur costs as a result of the regulation; | ||
(6) the effect on persons regulated under the | ||
regulation; and | ||
(7) the administrative or enforcement costs for the | ||
regulation that are paid by taxpayers. | ||
(d) In reviewing a land development regulation under this | ||
section, the governing body of the political subdivision shall hold | ||
at least one public hearing and provide an opportunity for public | ||
comment. | ||
(e) On completing a review of a land development regulation | ||
under this section, the governing body of the political subdivision | ||
shall repeal, amend, or readopt the regulation. The governing body | ||
shall repeal or amend a regulation that interferes with the | ||
production of new housing or development related to existing | ||
housing. | ||
Sec. 247.004. IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT | ||
OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS. (a) Before the | ||
governing body of a political subdivision may adopt or modify a land | ||
development regulation, the governing body shall analyze the costs, | ||
benefits, and risks of the proposed regulation and issue an impact | ||
statement. | ||
(b) An impact statement required by Subsection (a) must | ||
include: | ||
(1) an analysis of the fiscal impact of the proposed | ||
land development regulation; | ||
(2) a determination of whether the proposed land | ||
development regulation provides benefits to the health and welfare | ||
of the residents of the political subdivision that adopted or | ||
modified the regulation that outweigh any costs found by the | ||
analysis required by Subdivision (1); and | ||
(3) the proposed land development regulation's impact | ||
on housing costs in the political subdivision. | ||
(c) A political subdivision may adopt or modify a proposed | ||
land development regulation only if the political subdivision | ||
determines that the regulation: | ||
(1) is consistent with the political subdivision's | ||
public health and safety priorities; | ||
(2) has a minimal fiscal impact; and | ||
(3) positively impacts or does not adversely impact | ||
housing costs for residents of the political subdivision. | ||
(d) A political subdivision shall make an impact statement | ||
required by Subsection (a) available for review by the public. | ||
SECTION 2. Not later than September 1, 2028, the governing | ||
body of each municipality, county, and special purpose district | ||
shall conduct an initial review of each land development regulation | ||
under Section 247.003, Local Government Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |