HB4866 - Relating to the review, adoption, and modification of land development regulations by certain counties and municipalities.

      By: Vasut H.B. No. 4866       A BILL TO BE ENTITLED   AN ACT   relating to the review, adoption, and modification of land   development regulations by certain counties and municipalities.          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 248 to read as follows:   CHAPTER 248.   REVIEW, ADOPTION, AND MODIFICATION OF LAND   DEVELOPMENT REGULATIONS           Sec. 248.001.  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. 248.002.  APPLICABILITY. This chapter applies only to:           (1)  a county with a population of 500,000 or more; or           (2)  a municipality with a population of 200,000 or more.           Sec.   248.003.     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.   248.004.     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, 2030, the governing   body of each municipality, county, and special purpose district   shall conduct an initial review of each land development regulation   under Section 248.003, Local Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.