Bill Text: TX HB3921 | 2023-2024 | 88th Legislature | Comm Sub

Texas House Bill 3921 (Prior Session Legislation)

Bill Title: Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3921 Detail]

Download: Texas-2023-HB3921-Comm_Sub.html

	88R26397 MP-D

	By: Goldman	H.B. No. 3921

	Substitute the following for H.B. No. 3921:

	By: Burns	C.S.H.B. No. 3921



	A BILL TO BE ENTITLED
	AN ACT
	relating to size and density requirements for residential lots in
	certain municipalities; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 211, Local Government Code, is amended
	by adding Subchapter D to read as follows:
	SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN
	MUNICIPALITIES
	Sec. 211.051. DEFINITION. In this subchapter, "small lot"
	means a residential lot that is 4,000 square feet or less.
	Sec. 211.052. APPLICABILITY. This subchapter applies only
	to a municipality:
	(1) with a population of 85,000 or more; and
	(2) that is wholly or partly located in a county with a
	population of one million or more.
	Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
	may not be construed to affect requirements directly related to
	sewer or water services.
	Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
	PROHIBITED. A municipality may not adopt or enforce an ordinance,
	rule, or other measure that requires:
	(1) a residential lot to be:
	(A) larger than 2,500 square feet;
	(B) wider than 16 feet; or
	(C) deeper than 30 feet; or
	(2) if regulating the density of dwelling units on a
	residential lot, a ratio of dwelling units per acre that results in
	fewer than 31.1 units per acre.
	Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
	or enforce an ordinance, rule, or other measure that requires a
	small lot to have:
	(1) a building, waterway, plane, or other setback
	greater than:
	(A) five feet from the front or back of the
	property; or
	(B) five feet from the side of the property;
	(2) covered parking;
	(3) more than one parking space per unit;
	(4) off-site parking;
	(5) more than 30 percent open space or permeable
	surface;
	(6) fewer than three full stories not exceeding 10
	feet in height measured from the interior floor to ceiling;
	(7) a maximum building bulk;
	(8) a wall articulation requirement; or
	(9) any other zoning restriction that imposes
	restrictions inconsistent with this subsection, including
	restrictions through contiguous zoning districts or uses or from
	the creation of an overlapping zoning district.
	(b) A municipality may require with respect to a small lot:
	(1) the sharing of a driveway with another lot; or
	(2) permitting fees equivalent to the permitting fees
	charged for the development of a lot the use of which is restricted
	to a single-family residence.
	Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
	subchapter does not prohibit a municipality from imposing
	restrictions that are applicable to all similarly situated lots or
	subdivisions, including requiring all subdivisions or all small
	lots to fully mitigate stormwater runoff.
	Sec. 211.057. 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. 211.058. SPECIAL EXCEPTION. (a) The owner of a
	property that is subject to the provisions of this subchapter may
	apply for a special exception from the lot or building requirements
	of this subchapter.
	(b) An application submitted under Subsection (a) must:
	(1) propose to exempt a contiguous area subject to
	this subchapter and designated only for single-family residential
	use; and
	(2) demonstrate:
	(A) the approval of at least 51 percent of the
	owners of the property located on a block face that is the subject
	of the application, if the application proposes to exempt an area
	containing all lots located on at least one block face and not more
	than two opposing block faces; or
	(B) the approval of at least 55 percent of the
	owners of property located in the area that is the subject of the
	application, if the application proposes to exempt an area
	containing:
	(i) all lots located on at least five block
	faces composed of five or more lots; and
	(ii) not more than 500 lots within the same
	subdivision plat or 400 lots within two or more subdivision plats.
	(c) A municipality shall adopt procedures that comply with
	this chapter for providing notice, a hearing, and appeal of any
	decision to approve or deny an application submitted under
	Subsection (a).
	(d) A special exception granted under this section may not
	require a property to exceed the minimum lot size requirements for
	other properties subject to the zoning regulations applicable to
	the property.
	Sec. 211.059. PROPERTY OWNER ACTION. (a) A property owner
	may bring an action against a municipality that violates this
	subchapter for damages resulting from the violation and appropriate
	equitable relief.
	(b) A court may award a prevailing claimant reasonable
	attorney's fees incurred in bringing an action under this section.
	The claimant may not recover exemplary damages in the action.
	(c) Governmental immunity of a municipality to suit and from
	liability is waived to the extent of liability created by this
	section.
	SECTION 2. This Act takes effect September 1, 2023.