SB15 - Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

      S.B. No. 15         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.  DEFINITIONS. In this subchapter:                   (1)  "Housing organization" means a:                       (A)     trade or industry group organized under the   laws of this state consisting of local members primarily engaged in   the construction or management of housing units;                       (B)     nonprofit organization organized under the   laws of this state 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 organized under the   laws of this state that is engaged in public policy research,   education, and outreach that includes housing policy-related   issues and advocacy.                 (2)     "Small lot" means a residential lot that is 4,000   square feet or less.           Sec.   211.052.     APPLICABILITY. (a) This subchapter applies   only to:                 (1)  a municipality that:                       (A)  has a population of more than 150,000; and                       (B)     is wholly or partly located in a county with a   population of more than 300,000; and                 (2)     a tract of land located in a municipality   described by Subdivision (1) that:                       (A)     will be platted and located in an area zoned   for single-family homes;                       (B)  is five acres or more; and                       (C)  has no recorded plat.           (b)     This subchapter does not apply to an area located   within:                 (1)     one mile of a campus of the perimeter of a law   enforcement training center in a county that has a population of   2,600,000 or more;                 (2)  3,000 feet of an airport or military base; or                 (3)     15,000 feet of the boundary of a military base if   the area is designated by a municipality or joint airport zoning   board, as applicable, as a military airport overlay zone with a   clear zone and accident potential zone designation, as described by   the military base's air installation compatible use zone report.           Sec.   211.053.     CONSTRUCTION OF SUBCHAPTER. This subchapter   may not be construed to affect requirements directly related to:                 (1)     the use and occupancy of residential units leased   for a term of less than 30 days; or                 (2)     flooding, sewer facilities, or well water located   on an individual residential lot and serving only that lot.           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 3,000 square feet;                       (B)  wider than 30 feet; or                       (C)  deeper than 75 feet; or                 (2)     if regulating the density of dwelling units in a   residential development, a ratio of dwelling units per acre that   prevents a single-family home from being built on a residential lot   that is at least 3,000 square feet.           Sec.   211.055.     SMALL LOTS. (a) Except as provided by this   section, a municipality may not adopt or enforce an ordinance,   rule, or other measure that requires a small lot to have:                 (1)  a building plane or other setback greater than:                       (A)     15 feet from the front or 10 feet from the   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.           (a-1)     Notwithstanding Subsection (a)(1), a municipality may   require with respect to a small lot a setback related to   environmental features, erosion, or waterways, to the extent   authorized by federal or other state law.           (b)  A municipality may require with respect to a small lot:                 (1)  the sharing of a driveway with another lot;                 (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; or                 (3)     impact fees, to the extent authorized by Chapter   395.           (c)     Notwithstanding Subsection (a)(5), a municipality may   adopt or enforce an ordinance, rule, or other measure with respect   to a small lot that:                 (1)     applies to land located in an aquifer recharge   zone; and                 (2)  relates to the protection of an aquifer.           Sec.   211.056.     NO EFFECT ON OTHER ZONING AUTHORITY. Except   as expressly provided by this subchapter, 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.     ACTION. (a) A person adversely affected or   aggrieved 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; and                 (3)     issue an injunction preventing the defendant from   violating this subchapter.           (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)     A claimant in an action brought under this section may   elect in the claimant's petition to designate the Fifteenth Court   of Appeals as the exclusive intermediate appellate court over an   appeal or original proceeding arising from the action.          SECTION 2.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 15 passed the Senate on   March 19, 2025, by the following vote:  Yeas 28, Nays 3;   May 29, 2025, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 30, 2025, House   granted request of the Senate; May 31, 2025, Senate adopted   Conference Committee Report by the following vote:  Yeas 31,   Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 15 passed the House, with   amendments, on May 28, 2025, by the following vote:  Yeas 86,   Nays 43, two present not voting; May 30, 2025, House granted   request of the Senate for appointment of Conference Committee;   June 1, 2025, House adopted Conference Committee Report by the   following vote:  Yeas 78, Nays 57, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor