House Bill No. 2149 aims to establish the rights of property owners regarding nonconforming land uses following changes to zoning regulations or boundaries. The bill introduces Chapter 3001 to the Government Code, defining "nonconforming" as a property use that existed prior to a change in law and is now out of compliance. It prohibits state or local governments from restricting the repair, continuation, or modification of nonconforming uses, except as dictated by federal law or specific local government regulations. Additionally, it amends existing provisions in the Local Government Code to clarify that municipalities cannot require property owners to cease nonconforming uses without entering into an agreement with them.

The bill also outlines the rights of property owners to resume nonconforming uses if they have previously changed or stopped such uses, provided they do so within five years. It establishes a framework for municipalities to compensate property owners for ceasing nonconforming uses and mandates that municipalities provide written notice to property owners when they seek to stop such uses. Furthermore, the bill allows property owners to bring actions against municipalities for declaratory relief if they believe their rights under the new provisions have been violated. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Local Government Code 211.019 (Local Government Code 211)
House Committee Report: Local Government Code 211.019 (Local Government Code 211)
Engrossed: Local Government Code 211.019 (Local Government Code 211)