88R20661 MP-F
 
  By: Hefner H.B. No. 2198
 
  Substitute the following for H.B. No. 2198:
 
  By:  Burns C.S.H.B. No. 2198
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to building height restrictions in certain
  municipalities.
         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 214.908 to read as follows:
         Sec. 214.908.  LIMITATION ON BUILDING HEIGHT RESTRICTION.
  (a) This section applies only to a municipality with a population
  of more than 725,000.
         (b)  A municipality may not adopt or enforce an ordinance,
  regulation, or other measure that limits the height of a building
  based on the building's proximity to a lot that is located more than
  50 feet from the building.
         (c)  The prohibition described by Subsection (b) applies to a
  zoning regulation that limits the maximum building height
  authorized for a lot.
         (d)  For purposes of this section, the proximity of a
  building to a lot is measured along the shortest straight line
  between the building and the lot's lot line.
         (e)  This section does not affect the application of a
  restriction or regulation imposed by:
               (1)  Chapter 3151, Government Code;
               (2)  federal law, including a restriction or regulation
  affecting a military base or airport;
               (3)  a municipality that contains a World Heritage Site
  declared by the United Nations Educational, Scientific and Cultural
  Organization and intended to protect a building or area designated
  for protection based on the building's or area's historical,
  cultural, or architectural importance and significance; or
               (4)  a municipality related to the height of a building
  near an airport, including a military airport, commercial service
  airport, or joint-use airport.
         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, 2023.