HB369 - Relating to the authority of a municipality to regulate the number of dwellings allowed on certain property.

  89R4159 DRS-F     By: Tepper H.B. No. 369       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a municipality to regulate the number   of dwellings allowed on certain property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 212, Local Government   Code, is amended by adding Section 212.907 to read as follows:           Sec.   212.907.     REGULATIONS RELATED TO CONSTRUCTION OF MORE   THAN ONE DWELLING ON CERTAIN RESIDENTIAL LOTS. (a) Except as   provided by Subsection (c), a municipality may not adopt or enforce   an ordinance, zoning variance, or other regulation that allows for   the construction of more than one single-family dwelling on a lot   that:                 (1)     was zoned for single-family dwellings on September   1, 2023; and                 (2)     is located in a subdivision with at least one   developed lot.           (b)     Except as provided by Subsection (c), a municipality may   not, for the purpose of allowing the construction of more than one   single-family dwelling on a lot described by Subsection (a),   change:                 (1)     a zoning classification, regulation, or boundary;   or                 (2)  an allowed use under a zoning classification.           (c)     A municipality may adopt or enforce an ordinance or   regulation as described by Subsection (a) or (b) if the   municipality:                 (1)     sends written notice of the proposed ordinance or   regulation to each owner, as indicated by the most recently   approved municipal tax roll, of real property that is zoned for a   single-family dwelling within 200 feet of each property affected by   the proposed ordinance or regulation; and                 (2)     obtains an affidavit from each owner described by   Subdivision (1) giving consent to the ordinance or regulation.          SECTION 2.  Section 102A.002, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 102A.002.  LIABILITY FOR CERTAIN REGULATION.  Any   person who has sustained an injury in fact, actual or threatened,   from a municipal or county ordinance, order, or rule adopted or   enforced by a municipality or county in violation of any of the   following provisions or a trade association representing the person   has standing to bring and may bring an action against the   municipality or county:                (1)  Section 1.004, Agriculture Code;                (2)  Section 1.109, Business & Commerce Code;                (3)  Section 1.004, Finance Code;                (4)  Section 30.005, Insurance Code;                (5)  Section 1.005, Labor Code;                (6)   Sections 212.907 and [ Section ] 229.901, Local   Government Code;                (7)  Section 1.003, Natural Resources Code;                (8)  Section 1.004, Occupations Code; or                (9)  Section 1.004, Property Code.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.