Middleton Religious Land Bill Lets Builder Groups Sue Cities

The text as introduced · 997 words

89R9866 SCL-F

By: Middleton
S.B. No. 854

A BILL TO BE ENTITLED

AN ACT

relating to municipal regulation of multifamily and mixed-use

development on religious land.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 212, Local Government Code, is amended

by adding Subchapter I to read as follows:

SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND

Sec. 212.251. DEFINITIONS. In this subchapter:

(1) "Group home" means a residential facility that

provides housing and support services in a community-based

environment for individuals who require assistance due to physical,

mental, developmental, or behavioral disabilities.

(2) "Heavy industrial use" means a storage,

processing, or manufacturing use:

(A) with processes using flammable or explosive

materials;

(B) with hazardous conditions; or

(C) that is noxious or offensive from odors,

smoke, noise, fumes, or vibrations.

(3) "Housing organization" means a:

(A) trade or industry group consisting of local

members primarily engaged in the construction or management of

housing units;

(B) nonprofit organization 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 that is engaged in

public policy research, education, and outreach that includes

housing policy-related issues and advocacy.

(4) "Mixed-use" means the use and development of a

site consisting of residential and nonresidential uses in which

residential uses occupy at least 65 percent of the total square

footage of the development.

(5) "Multifamily" means the use and development of a

site for three or more dwelling units within one or more buildings.

The term includes a residential condominium.

(6) "Religious land" means land owned by a religious

organization or land that is leased by a religious organization for

a term of at least 40 years.

(7) "Religious organization" means an organization

that is:

(A) open to the public; and

(B) described by Section 110.011(b), Civil

Practice and Remedies Code.

(8) "Supportive housing" means residential

accommodations that combine housing with on-site or off-site

supportive services, designed to assist individuals or families in

maintaining stable housing and achieving greater independence.

Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter

does not apply to religious land located within a quarter mile of a

heavy industrial use, an airport, a seaport, or a military base.

Sec. 212.253. ALLOWABLE USES. (a) A municipality must

permit multifamily and mixed-use as allowable uses on religious

land.

(b) Notwithstanding any other law, a municipality may not

require a proposed multifamily or mixed-use development on

religious land to obtain a zoning or land use change, special

exception, variance, conditional use approval, special use permit,

comprehensive plan amendment, or other land use classification or

approval to:

(1) permit the proposed use and development; or

(2) allow for the minimum densities, building height,

setbacks, and site development regulations authorized under this

subchapter.

Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS. For a

multifamily or mixed-use development on religious land, a

municipality may not:

(1) restrict the height of a proposed development to

less than 40 feet and three full stories;

(2) require front setbacks greater than 15 feet, rear

setbacks greater than 10 feet, or side setbacks greater than 5 feet;

(3) establish minimum parking requirements except as

necessary to comply with federal law;

(4) restrict the ratio of the development's proposed

building gross floor area to site area, building coverage, density,

unit size or number base as compared to site area, size of a unit, or

otherwise restrict development using any other dimensional

constraint except as provided by Subdivisions (1) and (2);

(5) prohibit supportive housing or group homes; or

(6) for a proposed development converting an existing

building from a different use to a multifamily or mixed-use,

require the conversion to exceed standards imposed by the

International Building Code.

Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This

subchapter does not affect a municipality's authority to apply the

following that are generally applicable to other developments in

the municipality:

(1) sewer and water access requirements;

(2) stormwater mitigation requirements; and

(3) except as otherwise provided by this subchapter,

building codes.

Sec. 212.256. DUTY TO APPROVE. (a) A municipality shall

approve an application for a multifamily or mixed-use development

on religious land if the development satisfies the municipality's

land development regulations for multifamily or mixed-use

developments, as applicable, other than a regulation involving a

matter described by Section 212.254.

(b) The municipality's duty to approve a development under

Subsection (a) is purely ministerial.

Sec. 212.257. ACTION. (a) A person affected 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.