Gates Density Bill Allows 1,400-Square-Foot Lots, Except Near One Campus

The text as introduced · 947 words

2025S0153-1 02/28/25

By: Gates
H.B. No. 3919

A BILL TO BE ENTITLED

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 a municipality that:

(1) has a population of more than 90,000; and

(2) is wholly or partly located in a county with a

population of more than 300,000.

(b) This subchapter does not apply to a one-mile radius from

the perimeter of a campus that includes a law enforcement training

center in a county that has a population of 2,600,000 or more but

less than 2,700,000.

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) This section applies only to a tract of land that:

(1) will be platted and located in an area zoned for

single-family homes;

(2) is five acres or more; and

(3) has no recorded map or plat.

(b) A municipality may not adopt or enforce an ordinance,

rule, or other measure that requires:

(1) a residential lot to be:

(A) larger than 1,400 square feet;

(B) wider than 20 feet; or

(C) deeper than 60 feet; or

(2) if regulating the density of dwelling units on a

residential lot, a ratio of dwelling units per acre that results in

fewer than 31.1 units per acre.

Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt

or enforce an ordinance, rule, or other measure that requires a

small lot to have:

(1) a building, waterway, plane, or other setback

greater than:

(A) five feet from the front or 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.

(b) A municipality may require with respect to a small lot:

(1) the sharing of a driveway with another lot; or

(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.

Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. 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;

(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.