78R2283 KEL-D

By:  McClendon                                                    H.B. No. 3251



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality or county to use 
inclusionary zoning to promote the development of affordable 
housing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 250, Local Government Code, is amended 
by adding Section 250.003 to read as follows:
	Sec. 250.003.  INCLUSIONARY ZONING.  (a)  In this section:              
		(1)  "Affordable dwelling unit" means a dwelling unit 
that is appropriately priced for:
			(A)  sale to individuals and families of low 
income, as defined by Section 2306.004, Government Code;  or
			(B)  rent to individuals and families of very low 
income, as defined by Section 2306.004, Government Code.
		(2)  "Inclusionary zoning" means a zoning regulation, a 
condition of development, or any other requirement that:
			(A)  is imposed by an ordinance, an order, or a 
regulation or is imposed in connection with any special permit, 
special exception, or subdivision plan;  and
			(B)  promotes the development of affordable 
dwelling units.         
	(b)  A municipality or county may use inclusionary zoning to 
increase the availability of affordable dwelling units in the 
jurisdiction. A municipality or county may include in its 
inclusionary zoning a requirement that, under circumstances 
determined by the municipality or county, a developer must 
construct one or more affordable dwelling units in the 
jurisdiction.  A municipality or county using inclusionary zoning 
with respect to a particular affordable dwelling unit shall require 
the unit to remain affordable for at least 10 years, but not longer 
than 50 years, after the developer first makes the unit available 
for rent or sale to individuals and families of low and very low 
income, as applicable, as a result of the inclusionary zoning.
	(c)  To implement inclusionary zoning, a municipality or 
county may agree with a developer to restrict rent or sale prices 
for properties designated as affordable dwelling units.
	(d)  A municipality or county using inclusionary zoning may 
allow a developer to construct a total number of affordable 
dwelling units that would create density levels in excess of the 
levels allowed by applicable density limits.
	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, 2003.