BILL ANALYSIS

 

 

 

C.S.H.B. 3921

By: Goldman

Land & Resource Management

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

More densely populated areas result in neighborhoods that are more walkable, more sociable, and healthier. Such areas also yield more tax base revenue than less densely populated areas. C.S.H.B. 3921 seeks to promote more densely populated areas by prohibiting certain municipalities from adopting or enforcing an ordinance, rule, or other measure that requires a residential lot to be larger than a certain size.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 3921 amends the Local Government Code to prohibit a municipality with a population of 85,000 or more and that is wholly or partly located in a county with a population of one million or more from adopting or enforcing an ordinance, rule, or other measure that requires the following:

·         a residential lot to be the following:

o   larger than 2,500 square feet;

o   wider than 16 feet; or

o   deeper than 30 feet; or

·         if regulating the density of dwelling units on a residential lot, a ratio of dwelling units per acre that results in fewer than 31.1 units per acre.

 

C.S.H.B. 3921 prohibits such a municipality from adopting or enforcing an ordinance, rule, or other measure that requires a small lot to have the following:

·         a building, waterway, plane, or other setback greater than the following:

o   five feet from the front or back of the property; or

o   five feet from the side of the property;

·         covered parking;

·         more than one parking space per unit;

·         off-site parking;

·         more than 30 percent open space or permeable surface;

·         fewer than three full stories not exceeding 10 feet in height measured from the interior floor to ceiling;

·         a maximum building bulk;

·         a wall articulation requirement; or

·         any other zoning restriction that imposes restrictions inconsistent with these provisions of the bill, including restrictions through contiguous zoning districts or uses or from the creation of an overlapping zoning district.

The bill defines "small lot" as a residential lot that is 4,000 square feet or less.

 

C.S.H.B. 3921 authorizes such a municipality to require the following with respect to a small lot:

·         the sharing of a driveway with another lot; or

·         permitting fees equivalent to the permitting fees charged for the development of a lot the use of which is restricted to a single-family residence.

 

C.S.H.B. 3921 prohibits its provisions from being construed to affect requirements directly related to sewer or water services. The bill expressly does not prohibit the following:

·         such a municipality from imposing restrictions that are applicable to all similarly situated lots or subdivisions, including requiring all subdivisions or all small lots to fully mitigate stormwater runoff; or

·         property owners from enforcing rules or deed restrictions imposed by a homeowners' association or by other private agreement.

 

C.S.H.B. 3921 authorizes the owner of a property that is subject to the bill's provisions to apply for a special exception from the lot or building requirements of such provisions. The bill requires an application to do the following:

·         propose to exempt a contiguous area subject to the bill's provisions and designated only for single-family residential use; and

·         demonstrate the following:

o   the approval of at least 51 percent of the owners of the property located on a block face that is the subject of the application, if the application proposes to exempt an area containing all lots located on at least one block face and not more than two opposing block faces; or

o   the approval of at least 55 percent of the owners of property located in the area that is the subject of the application, if the application proposes to exempt an area containing the following:

§  all lots located on at least five block faces composed of five or more lots; and

§  not more than 500 lots within the same subdivision plat or 400 lots within two or more subdivision plats.

The bill requires a municipality to adopt procedures that comply with municipal zoning authority provisions for providing notice, a hearing, and appeal of any decision to approve or deny an application. The bill prohibits a special exception from requiring a property to exceed the minimum lot size requirements for other properties subject to the zoning regulations applicable to the property.

 

C.S.H.B. 3921 authorizes a property owner to bring an action against a municipality that violates the bill's provisions for damages resulting from the violation and appropriate equitable relief. The bill authorizes a court to award a prevailing claimant reasonable attorney's fees incurred in  the claimant from recovering exemplary damages in the action. The bill waives governmental immunity of a municipality to suit and from liability to the extent of liability created by these provisions of the bill.

 

EFFECTIVE DATE

 

September 1, 2023.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 3921 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

Whereas the introduced applied only to a municipality that is wholly or partly located in a county with a population of 300,000 or more, the substitute applies only to a municipality with a population of 85,000 or more and that is wholly or partly located in a county with a population of one million or more.

 

With respect to the bill's prohibition against a municipality adopting or enforcing an ordinance, rule, or other measure that requires a residential lot to be of a certain size, the introduced specified that size as larger than 1,400 square feet, wider than 20 feet, or deeper than 60 feet, whereas the substitute specifies that size as larger than 2,500 square feet, wider than 16 feet, or deeper than 30 feet.

 

With respect to the bill's prohibition against a municipality adopting or enforcing an ordinance, rule, or other measure that requires a small lot to have certain setbacks:

·         the introduced specified a building setback greater than ten feet from the front or back of the property, whereas the substitute specifies a building setback greater than five feet from the front or back of the property; and

·         the substitute includes a waterway, plane, or other setback greater than five feet from the front or back of the property or five feet from the side of the property, whereas the introduced did not include these setbacks.

 

Whereas the introduced prohibited a municipality from adopting or enforcing an ordinance, rule, or other measure that requires a small lot to have fewer than three full stories, the substitute specifies that this applies with respect to a small lot having fewer than three full stories not exceeding 10 feet in height measured from the interior floor to ceiling.

 

The substitute includes provisions absent in the introduced that prohibit a municipality from adopting or enforcing an ordinance, rule, or other measure that requires a small lot to have the following:

·         a maximum building bulk;

·         a wall articulation requirement; or

·         a zoning restriction that imposes restrictions inconsistent with applicable bill provisions, including restrictions through contiguous zoning districts or uses or from the creation of an overlapping zoning district.

 

Whereas the introduced prohibited the bill's provisions from being construed to affect sewer or water requirements or the rules or deed restrictions imposed by a homeowners' association, the substitute prohibits such provisions from being construed to affect requirements directly related to sewer or water services. The substitute includes a provision absent in the introduced that establishes that the bill's provisions expressly do not prohibit property owners from enforcing rules or deed restrictions imposed by a homeowners' association or by other private agreement.

 

The substitute includes provisions absent in the introduced relating to the following:

·         a special exception from the lot or building requirements of the bill's provisions; and

·         an action for damages and appropriate equitable relief brought by a property owner against a municipality for a violation of the bill's provisions.