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