Vasut Bill’s Review Of Housing-Blocking Rules Can Wait Until 2030

The text as introduced · 673 words

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.