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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to regulate the number |
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of dwellings allowed on certain property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 212, Local Government |
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Code, is amended by adding Section 212.907 to read as follows: |
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Sec. 212.907. REGULATIONS RELATED TO CONSTRUCTION OF MORE |
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THAN ONE DWELLING ON CERTAIN RESIDENTIAL LOTS. (a) Except as |
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provided by Subsection (c), a municipality may not adopt or enforce |
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an ordinance, zoning variance, or other regulation that allows for |
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the construction of more than one single-family dwelling on a lot |
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that: |
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(1) was zoned for single-family dwellings on September |
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1, 2023; and |
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(2) is located in a subdivision with at least one |
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developed lot. |
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(b) Except as provided by Subsection (c), a municipality may |
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not, for the purpose of allowing the construction of more than one |
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single-family dwelling on a lot described by Subsection (a), |
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change: |
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(1) a zoning classification, regulation, or boundary; |
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or |
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(2) an allowed use under a zoning classification. |
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(c) A municipality may adopt or enforce an ordinance or |
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regulation as described by Subsection (a) or (b) if the |
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municipality: |
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(1) sends written notice of the proposed ordinance or |
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regulation to each owner, as indicated by the most recently |
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approved municipal tax roll, of real property that is zoned for a |
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single-family dwelling within 200 feet of each property affected by |
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the proposed ordinance or regulation; and |
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(2) obtains an affidavit from each owner described by |
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Subdivision (1) giving consent to the ordinance or regulation. |
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SECTION 2. Section 102A.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any |
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person who has sustained an injury in fact, actual or threatened, |
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from a municipal or county ordinance, order, or rule adopted or |
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enforced by a municipality or county in violation of any of the |
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following provisions or a trade association representing the person |
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has standing to bring and may bring an action against the |
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municipality or county: |
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(1) Section 1.004, Agriculture Code; |
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(2) Section 1.109, Business & Commerce Code; |
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(3) Section 1.004, Finance Code; |
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(4) Section 30.005, Insurance Code; |
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(5) Section 1.005, Labor Code; |
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(6) Sections 212.907 and [Section] 229.901, Local |
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Government Code; |
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(7) Section 1.003, Natural Resources Code; |
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(8) Section 1.004, Occupations Code; or |
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(9) Section 1.004, Property Code. |
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SECTION 3. 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, 2025. |