79R12202 DRH-D


By:  Baxter                                                       H.B. No. 2266

Substitute the following for H.B. No. 2266:                                   

By:  Mowery                                                   C.S.H.B. No. 2266



A BILL TO BE ENTITLED

AN ACT

relating to the authority of municipalities to enact a requirement 
that establishes the sales price for certain housing units or 
residential lots.
	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 214.904 to read as follows:
	Sec. 214.904.  PROHIBITION OF CERTAIN MUNICIPAL 
REQUIREMENTS REGARDING SALES OF HOUSING UNITS OR RESIDENTIAL LOTS.  
(a)  A municipality may not adopt a requirement in any form, 
including through an ordinance or regulation or as a condition for 
granting a building permit, that establishes a sales price for a 
privately produced housing unit or residential building lot.
	(b)  This section does not affect any authority of a 
municipality to create or implement an incentive, contract 
commitment, density bonus, or other voluntary program designed to 
increase the supply of moderate or lower cost housing units.
	SECTION 2.  A requirement of a municipality that violates 
Section 214.904, Local Government Code, as added by this Act, is 
void on the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.