BILL ANALYSIS

S.B. 1787

By: Bettencourt

Land & Resource Management

Committee Report (Unamended)

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. S.B. 1787 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

S.B. 1787 amends the Local Government Code to prohibit a municipality that is wholly or partly located in a county with a population of 300,000 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 1,400 square feet;

o wider than 20 feet; or

o deeper than 60 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.

S.B. 1787 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.

S.B. 1787 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.

S.B. 1787 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.

S.B. 1787 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 one property owner 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 property 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 an 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.

S.B. 1787 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 bringing an action but prohibits 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.