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A BILL TO BE ENTITLED
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AN ACT
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relating to building height restrictions in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 214, Local Government |
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Code, is amended by adding Section 214.908 to read as follows: |
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Sec. 214.908. LIMITATION ON BUILDING HEIGHT RESTRICTION. |
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(a) This section applies only to a municipality with a population |
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of more than 725,000. |
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(b) A municipality may not adopt or enforce an ordinance, |
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regulation, or other measure that limits the height of a building |
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based on the building's proximity to a lot that is located more than |
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50 feet from the building. |
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(c) The prohibition described by Subsection (b) applies to a |
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zoning regulation that limits the maximum building height |
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authorized for a lot. |
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(d) For purposes of this section, the proximity of a |
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building to a lot is measured along the shortest straight line |
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between the building and the lot's lot line. |
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(e) This section does not affect the application of a |
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restriction or regulation imposed by: |
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(1) Chapter 3151, Government Code; |
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(2) federal law, including a restriction or regulation |
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affecting a military base or airport; |
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(3) a municipality that contains a World Heritage Site |
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declared by the United Nations Educational, Scientific and Cultural |
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Organization and intended to protect a building or area designated |
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for protection based on the building's or area's historical, |
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cultural, or architectural importance and significance; or |
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(4) a municipality related to the height of a building |
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near an airport, including a military airport, commercial service |
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airport, or joint-use airport. |
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(f) This section does not apply to a tower that is: |
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(1) a fixed, uninhabitable structure, regardless of |
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whether free-standing or guyed; and |
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(2) not designed to act as a shelter or to be occupied |
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for any use. |
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(g) This section does not affect the validity or |
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enforceability by any person of a restrictive covenant or deed |
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restriction. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |