| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the review, adoption, and modification of land |
|
|
development regulations by certain municipalities, counties, and |
|
|
special districts. |
|
|
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 247 to read as follows: |
|
|
CHAPTER 247. REVIEW, ADOPTION, AND MODIFICATION OF LAND |
|
|
DEVELOPMENT REGULATIONS |
|
|
Sec. 247.001. 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. 247.002. APPLICABILITY. This chapter applies only to |
|
|
a political subdivision with a population of 200,000 or more that |
|
|
imposes a tax. |
|
|
Sec. 247.003. 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. 247.004. 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, 2028, the governing |
|
|
body of each municipality, county, and special purpose district |
|
|
shall conduct an initial review of each land development regulation |
|
|
under Section 247.003, Local Government Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |