HB3172 - Relating to municipal regulation of multifamily and mixed-use development on religious land.

  89R9866 SCL-F     By: Gates H.B. No. 3172       A BILL TO BE ENTITLED   AN ACT   relating to municipal regulation of multifamily and mixed-use   development on religious land.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 212, Local Government Code, is amended   by adding Subchapter I to read as follows:   SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND           Sec. 212.251.  DEFINITIONS. In this subchapter:                 (1)     "Group home" means a residential facility that   provides housing and support services in a community-based   environment for individuals who require assistance due to physical,   mental, developmental, or behavioral disabilities.                 (2)     "Heavy industrial use" means a storage,   processing, or manufacturing use:                       (A)     with processes using flammable or explosive   materials;                       (B)  with hazardous conditions; or                       (C)     that is noxious or offensive from odors,   smoke, noise, fumes, or vibrations.                 (3)  "Housing organization" means a:                       (A)     trade or industry group consisting of local   members primarily engaged in the construction or management of   housing units;                       (B)  nonprofit organization that:                             (i)     provides or advocates for increased   access or reduced barriers to housing; and                             (ii)     has filed written or oral comments   with the legislature; or                       (C)     nonprofit organization that is engaged in   public policy research, education, and outreach that includes   housing policy-related issues and advocacy.                 (4)     "Mixed-use" means the use and development of a   site consisting of residential and nonresidential uses in which   residential uses occupy at least 65 percent of the total square   footage of the development.                 (5)     "Multifamily" means the use and development of a   site for three or more dwelling units within one or more buildings.   The term includes a residential condominium.                 (6)     "Religious land" means land owned by a religious   organization or land that is leased by a religious organization for   a term of at least 40 years.                 (7)     "Religious organization" means an organization   that is:                       (A)  open to the public; and                       (B)     described by Section 110.011(b), Civil   Practice and Remedies Code.                 (8)     "Supportive housing" means residential   accommodations that combine housing with on-site or off-site   supportive services, designed to assist individuals or families in   maintaining stable housing and achieving greater independence.           Sec.   212.252.     APPLICABILITY OF SUBCHAPTER. This subchapter   does not apply to religious land located within a quarter mile of a   heavy industrial use, an airport, a seaport, or a military base.           Sec.   212.253.     ALLOWABLE USES. (a)   A municipality must   permit multifamily and mixed-use as allowable uses on religious   land.           (b)     Notwithstanding any other law, a municipality may not   require a proposed multifamily or mixed-use development on   religious land to obtain a zoning or land use change, special   exception, variance, conditional use approval, special use permit,   comprehensive plan amendment, or other land use classification or   approval to:                 (1)  permit the proposed use and development; or                 (2)     allow for the minimum densities, building height,   setbacks, and site development regulations authorized under this   subchapter.           Sec.   212.254.     PROHIBITED MUNICIPAL REQUIREMENTS. For a   multifamily or mixed-use development on religious land, a   municipality may not:                 (1)     restrict the height of a proposed development to   less than 40 feet and three full stories;                 (2)     require front setbacks greater than 15 feet, rear   setbacks greater than 10 feet, or side setbacks greater than 5 feet;                 (3)     establish minimum parking requirements except as   necessary to comply with federal law;                 (4)     restrict the ratio of the development's proposed   building gross floor area to site area, building coverage, density,   unit size or number base as compared to site area, size of a unit, or   otherwise restrict development using any other dimensional   constraint except as provided by Subdivisions (1) and (2);                 (5)  prohibit supportive housing or group homes; or                 (6)     for a proposed development converting an existing   building from a different use to a multifamily or mixed-use,   require the conversion to exceed standards imposed by the   International Building Code.           Sec.   212.255.     PERMITTED MUNICIPAL REGULATION. This   subchapter does not affect a municipality's authority to apply the   following that are generally applicable to other developments in   the municipality:                 (1)  sewer and water access requirements;                 (2)  stormwater mitigation requirements; and                 (3)     except as otherwise provided by this subchapter,   building codes.           Sec.   212.256.     DUTY TO APPROVE. (a)   A municipality shall   approve an application for a multifamily or mixed-use development   on religious land if the development satisfies the municipality's   land development regulations for multifamily or mixed-use   developments, as applicable, other than a regulation involving a   matter described by Section 212.254.           (b)     The municipality's duty to approve a development under   Subsection (a) is purely ministerial.           Sec.   212.257.     ACTION. (a)   A person affected by a   municipality's violation of this subchapter or a housing   organization may bring an action against the municipality or an   officer or employee of the municipality in the officer's or   employee's official capacity for relief described by Subsection   (c).           (b)     A claimant must bring an action under this section in a   county in which the real property that is the subject of the action   is wholly or partly located.           (c)  In an action brought under this section, a court may:                 (1)     enter a declaratory judgment under Chapter 37,   Civil Practice and Remedies Code;                 (2)     issue a writ of mandamus compelling a defendant   officer or employee to comply with this subchapter;                 (3)     issue an injunction preventing the defendant from   violating this subchapter; and                 (4)     award damages to the claimant for economic losses   caused by the defendant's violation of this subchapter if the   claimant is a person affected or aggrieved by the violation that is   the basis for the action.           (d)     A court shall award reasonable attorney's fees and court   costs incurred in bringing an action under this section to a   prevailing claimant.           (e)     Governmental immunity of a municipality to suit and from   liability is waived to the extent of liability created by this   section. Official immunity of a municipal officer or employee is   waived to the extent of liability created by this section.           (f)     The Fifteenth Court of Appeals has exclusive   intermediate appellate jurisdiction over an appeal or original   proceeding arising from an action brought under this section.          SECTION 2.  This Act takes effect September 1, 2025.