Bill Text: TX SB491 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to building height restrictions in certain municipalities.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB491 Detail]
Download: Texas-2023-SB491-Comm_Sub.html
| By: Hughes | S.B. No. 491 | |
| (Hefner, Troxclair, Harris of Williamson) | ||
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| relating to building height restrictions in certain | ||
| municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 214, Local Government | ||
| Code, is amended by adding Section 214.908 to read as follows: | ||
| Sec. 214.908. LIMITATION ON BUILDING HEIGHT RESTRICTION. | ||
| (a) This section applies only to a municipality with a population | ||
| of more than 725,000. | ||
| (b) A municipality may not adopt or enforce an ordinance, | ||
| regulation, or other measure that limits the height of a building | ||
| based on the building's proximity to a lot that is located more than | ||
| 50 feet from the building. | ||
| (c) The prohibition described by Subsection (b) applies to a | ||
| zoning regulation that limits the maximum building height | ||
| authorized for a lot. | ||
| (d) For purposes of this section, the proximity of a | ||
| building to a lot is measured along the shortest straight line | ||
| between the building and the lot's lot line. | ||
| (e) This section does not affect the application of a | ||
| restriction or regulation imposed by: | ||
| (1) Chapter 3151, Government Code; | ||
| (2) federal law, including a restriction or regulation | ||
| affecting a military base or airport; | ||
| (3) a municipality that contains a World Heritage Site | ||
| declared by the United Nations Educational, Scientific and Cultural | ||
| Organization and intended to protect a building or area designated | ||
| for protection based on the building's or area's historical, | ||
| cultural, or architectural importance and significance; or | ||
| (4) a municipality related to the height of a building | ||
| near an airport, including a military airport, commercial service | ||
| airport, or joint-use airport. | ||
| (f) This section does not apply to a tower that is: | ||
| (1) a fixed, uninhabitable structure, regardless of | ||
| whether free-standing or guyed; and | ||
| (2) not designed to act as a shelter or to be occupied | ||
| for any use. | ||
| (g) This section does not affect the validity or | ||
| enforceability by any person of a restrictive covenant or deed | ||
| restriction. | ||
| SECTION 2. 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, 2023. | ||
