2025S0153-1 02/28/25
	By: Bettencourt, et al.	S.B. No. 15

	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.