S.B. No. 854 aims to regulate municipal oversight of multifamily and mixed-use developments on religious land in Texas. The bill introduces a new subchapter to Chapter 212 of the Local Government Code, which defines key terms such as "group home," "heavy industrial use," "mixed-use," "multifamily," "religious land," and "supportive housing." It stipulates that municipalities must permit multifamily and mixed-use developments on religious land and cannot impose certain zoning or land use requirements, such as special exceptions or variances, that would hinder these developments. Additionally, the bill outlines specific prohibited municipal requirements, including restrictions on building height, setbacks, and parking, while allowing municipalities to enforce general regulations applicable to other developments.
The legislation also establishes a duty for municipalities to approve applications for multifamily or mixed-use developments on religious land if they meet existing land development regulations, excluding those related to prohibited requirements. It provides a mechanism for affected individuals or housing organizations to take legal action against municipalities that violate the subchapter, allowing for declaratory judgments, injunctions, and damages. The bill emphasizes that governmental immunity is waived in cases of violation, and it designates the Fifteenth Court of Appeals as the exclusive appellate jurisdiction for related actions. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: ()