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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of multifamily and mixed-use |
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development on religious land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 212, Local Government Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. REGULATION OF DEVELOPMENT ON RELIGIOUS LAND |
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Sec. 212.251. DEFINITIONS. In this subchapter: |
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(1) "Heavy industrial use" means a storage, |
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processing, or manufacturing use: |
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(A) with processes using flammable or explosive |
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materials; |
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(B) with hazardous conditions; or |
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(C) that is noxious or offensive from odors, |
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smoke, noise, fumes, or vibrations. |
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(2) "Housing organization" means a: |
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(A) trade or industry group consisting of local |
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members primarily engaged in the construction or management of |
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housing units; |
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(B) nonprofit organization that: |
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(i) provides or advocates for increased |
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access or reduced barriers to housing; and |
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(ii) has filed written or oral comments |
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with the legislature; or |
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(C) nonprofit organization that is engaged in |
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public policy research, education, and outreach that includes |
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housing policy-related issues and advocacy. |
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(3) "Mixed-use" means the use and development of a |
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site consisting of residential and nonresidential uses in which: |
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(A) residential uses occupy at least 50 percent |
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of the total square footage of the development; and |
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(B) nonresidential uses are related to |
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furthering the mission or purpose of a religious organization. |
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(4) "Multifamily" means the use and development of a |
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site for three or more dwelling units within one or more buildings. |
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The term includes the use or development of residential units with a |
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condominium form of ownership. |
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(5) "Religious land" means land owned by a religious |
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organization or land that is leased by a religious organization for |
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a term of at least 40 years. |
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(6) "Religious organization" means an organization |
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described by Section 110.011(b), Civil Practice and Remedies Code. |
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Sec. 212.252. APPLICABILITY OF SUBCHAPTER. This subchapter |
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does not apply to religious land located within a quarter mile of a |
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heavy industrial use, an airport, a seaport, or a military base. |
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Sec. 212.253. ALLOWABLE USES. (a) A municipality must |
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permit multifamily and mixed-use as allowable uses on religious |
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land. |
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(b) Notwithstanding any other law, a municipality may not |
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require a proposed multifamily or mixed-use development on |
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religious land to obtain a zoning or land use change, special |
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exception, variance, conditional use approval, special use permit, |
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comprehensive plan amendment, or other land use classification or |
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approval to: |
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(1) permit the proposed use and development; or |
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(2) allow for the minimum densities, building height, |
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setbacks, and site development regulations authorized under this |
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subchapter. |
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Sec. 212.254. PROHIBITED MUNICIPAL REQUIREMENTS. |
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Notwithstanding any other law, for a multifamily or mixed-use |
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development on religious land, a municipality may not: |
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(1) restrict the height of a proposed development to |
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less than 40 feet and three full stories; |
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(2) require front setbacks greater than 15 feet, rear |
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setbacks greater than 10 feet, or side setbacks greater than 5 feet |
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unless modified by historic design standards as authorized under |
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Section 211.003(b); |
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(3) establish minimum parking requirements except as |
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necessary to comply with federal law; |
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(4) restrict the ratio of the development's proposed |
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building gross floor area to site area, building coverage, density, |
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unit size or number base as compared to site area, size of a unit, or |
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otherwise restrict development using any other dimensional |
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constraint except as provided by Subdivisions (1) and (2); or |
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(5) for a proposed development converting an existing |
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building from a different use to a multifamily or mixed-use: |
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(A) require the conversion to exceed standards |
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imposed by the International Building Code, unless the standards |
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are in accordance with historic design standards as authorized |
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under Section 211.003(b); |
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(B) apply height restrictions more restrictive |
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than the structure's existing height; |
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(C) require setbacks for the structure more |
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restrictive than the structure's existing setbacks; or |
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(D) require parking that exceeds the existing |
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parking for the structure. |
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Sec. 212.255. PERMITTED MUNICIPAL REGULATION. This |
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subchapter does not affect a municipality's authority to apply the |
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following that are generally applicable to other developments in |
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the municipality: |
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(1) sewer and water access requirements; |
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(2) stormwater mitigation requirements; |
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(3) except as otherwise provided by this subchapter, |
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building codes; |
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(4) regulations related to short-term rentals; and |
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(5) regulations related to historic preservation, |
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including protecting historic landmarks or property in the |
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boundaries of a local historic district. |
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Sec. 212.256. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND |
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OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit |
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property owners from enforcing rules or deed restrictions imposed |
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by a homeowners' association or by other private agreement. |
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Sec. 212.257. DUTY TO APPROVE. (a) Notwithstanding any |
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other law, a municipality shall approve an application for a |
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multifamily or mixed-use development on religious land if the |
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development satisfies the municipality's land development |
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regulations for multifamily or mixed-use developments, as |
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applicable, other than a regulation involving a matter described by |
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Section 212.254. |
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(b) The municipality's duty to approve a development under |
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Subsection (a) is purely ministerial. |
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Sec. 212.258. ACTION. (a) A person affected by a |
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municipality's violation of this subchapter or a housing |
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organization may bring an action against the municipality or an |
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officer or employee of the municipality in the officer's or |
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employee's official capacity for relief described by Subsection |
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(c). |
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(b) A claimant must bring an action under this section in a |
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county in which the real property that is the subject of the action |
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is wholly or partly located. |
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(c) In an action brought under this section, a court may: |
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(1) enter a declaratory judgment under Chapter 37, |
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Civil Practice and Remedies Code; |
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(2) issue a writ of mandamus compelling a defendant |
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officer or employee to comply with this subchapter; |
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(3) issue an injunction preventing the defendant from |
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violating this subchapter; and |
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(4) award damages to the claimant for economic losses |
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caused by the defendant's violation of this subchapter if the |
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claimant is a person affected or aggrieved by the violation that is |
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the basis for the action. |
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(d) A court shall award reasonable attorney's fees and court |
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costs incurred in bringing an action under this section to a |
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prevailing claimant. |
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(e) Governmental immunity of a municipality to suit and from |
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liability is waived to the extent of liability created by this |
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section. Official immunity of a municipal officer or employee is |
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waived to the extent of liability created by this section. |
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(f) The Fifteenth Court of Appeals has exclusive |
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intermediate appellate jurisdiction over an appeal or original |
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proceeding arising from an action brought under this section. |
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SECTION 2. This Act takes effect September 1, 2025. |
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