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A BILL TO BE ENTITLED
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AN ACT
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relating to the review, adoption, and modification of land |
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development regulations by municipalities, counties, and certain |
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special districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. REVIEW, ADOPTION, AND MODIFICATION OF LAND |
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DEVELOPMENT REGULATIONS |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Land development regulation" means an ordinance, |
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order, rule, or other regulation or standard of a political |
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subdivision that regulates: |
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(A) zoning; |
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(B) subdivision requirements; |
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(C) development review and planning |
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requirements; |
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(D) commercial, residential, and multifamily |
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building and construction codes; |
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(E) fire, electric, heating, plumbing, energy |
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conservation, water, and flooding codes; |
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(F) development license, permit, and application |
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fees; or |
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(G) any other related aspect of land development |
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as determined by the political subdivision. |
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(2) "Political subdivision" means a: |
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(A) county; |
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(B) municipality; or |
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(C) special purpose district that has authority |
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over building codes, development, or land use in the district. |
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Sec. 247.002. REVIEW OF EXISTING LAND DEVELOPMENT |
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REGULATIONS. (a) The governing body of a political subdivision |
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shall review the costs, benefits, and risks of the existing land |
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development regulations of the political subdivision. |
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(b) The governing body shall review each existing land |
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development regulation at least once every 10 years. |
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(c) A review of a land development regulation under this |
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section must consider: |
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(1) the regulation's impact on housing development; |
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(2) whether the regulation remains appropriate and |
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benefits landowners, residents, or the public; |
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(3) the benefits of the regulation for affected |
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parties; |
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(4) the extent to which landowners, residents, or the |
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public incur costs as a result of the regulation; |
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(5) the effect on persons regulated under the |
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regulation; and |
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(6) the administrative or enforcement costs for the |
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regulation that are paid by taxpayers. |
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(d) In reviewing a land development regulation under this |
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section, the governing body of the political subdivision shall hold |
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at least one public hearing and provide an opportunity for public |
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comment. |
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(e) On completing a review of a land development regulation |
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under this section, the governing body of the political subdivision |
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shall repeal, amend, or readopt the regulation. The governing body |
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shall repeal or amend a regulation that interferes with the |
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production of new housing or development related to existing |
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housing. |
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Sec. 247.003. IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT |
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OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS. (a) Before the |
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governing body of a political subdivision may adopt or modify a land |
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development regulation, the governing body shall analyze the costs, |
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benefits, and risks of the proposed regulation and issue an impact |
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statement. |
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(b) An impact statement required by Subsection (a) must |
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include: |
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(1) an analysis of the fiscal impact of the proposed |
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land development regulation; |
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(2) a determination of whether the proposed land |
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development regulation provides benefits to the health and welfare |
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of the residents of the political subdivision that adopted or |
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modified the regulation that outweigh any costs found by the |
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analysis required by Subdivision (1); and |
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(3) the proposed land development regulation's impact |
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on housing costs in the political subdivision. |
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(c) A political subdivision may adopt or modify a proposed |
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land development regulation only if the political subdivision |
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determines that the regulation: |
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(1) is consistent with the political subdivision's |
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public health and safety priorities; |
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(2) has a minimal fiscal impact; and |
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(3) positively impacts or does not adversely impact |
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housing costs for residents of the political subdivision. |
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(d) A political subdivision shall make an impact statement |
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required by Subsection (a) available for review by the public. |
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SECTION 2. Not later than September 1, 2028, the governing |
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body of each municipality, county, and special purpose district |
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shall conduct an initial review of each land development regulation |
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under Section 247.002, Local Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |