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A BILL TO BE ENTITLED
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AN ACT
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relating to size and density requirements for residential lots in |
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certain municipalities; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 211, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN MUNICIPALITIES |
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LOCATED IN COUNTIES OF 300,000 OR MORE |
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Sec. 211.051. DEFINITION. In this subchapter, "small lot" |
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means a residential lot that is 4,000 square feet or less. |
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Sec. 211.052. APPLICABILITY. This subchapter applies only |
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to a municipality that is wholly or partly located in a county with |
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a population of 300,000 or more. |
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Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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may not be construed to affect sewer or water requirements or the |
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rules or deed restrictions imposed by a homeowners' association. |
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Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS |
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PROHIBITED. A municipality may not adopt or enforce an ordinance, |
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rule, or other measure that requires: |
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(1) a residential lot to be: |
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(A) larger than 1,400 square feet; |
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(B) wider than 20 feet; or |
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(C) deeper than 60 feet; or |
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(2) if regulating the density of dwelling units on a |
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residential lot, a ratio of dwelling units per acre that results in |
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fewer than 31.1 units per acre. |
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Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt |
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or enforce an ordinance, rule, or other measure that requires a |
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small lot to have: |
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(1) a building setback greater than: |
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(A) ten feet from the front or back of the |
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property; or |
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(B) five feet from the side of the property; |
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(2) covered parking; |
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(3) more than one parking space per unit; |
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(4) off-site parking; |
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(5) more than 30 percent open space or permeable |
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surface; or |
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(6) fewer than three full stories. |
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(b) A municipality may require with respect to a small lot: |
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(1) the sharing of a driveway with another lot; or |
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(2) permitting fees equivalent to the permitting fees |
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charged for the development of a lot the use of which is restricted |
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to a single-family residence. |
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Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This |
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subchapter does not prohibit a municipality from imposing |
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restrictions that are applicable to all similarly situated lots or |
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subdivisions, including requiring all subdivisions or all small |
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lots to fully mitigate stormwater runoff. |
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SECTION 2. This Act takes effect September 1, 2023. |