Tepper Bill Bars A Second House On Single-Family Lots

The text as introduced · 453 words

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.