Bill > SB840

This bill establishes new regulations for mixed-use and multifamily residential development in municipalities with populations over 150,000 in counties with populations over 300,000. The legislation mandates that these municipalities allow mixed-use and multifamily residential developments in zones currently designated for office, commercial, retail, warehouse, or mixed-use purposes without requiring additional zoning changes or approvals. The bill sets specific limits on municipal regulations, including preventing cities from imposing overly restrictive density limits (capping at 36 units per acre or the municipality's highest existing residential density), height restrictions (no lower than 45 feet or the highest allowed for commercial developments), and setback requirements. Municipalities are also prohibited from requiring more than one parking space per dwelling unit or mandating multilevel parking structures. For existing commercial buildings being converted to residential use, the bill further restricts municipalities from requiring traffic impact studies, additional parking, utility upgrades, or design changes beyond minimum building code standards. The legislation includes an enforcement mechanism allowing housing organizations or affected parties to bring civil actions against municipalities that violate these provisions, with provisions for awarding court costs and attorney's fees to successful plaintiffs. The bill will take effect on September 1, 2025, and applies to new residential development projects and building conversion permits initiated on or after that date.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB840