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 Section 211.019 of the Local Government Code to clarify that municipalities cannot require property owners to cease nonconforming uses without an agreement, which must outline compensation or the duration of continued use.

The bill also introduces new sections that allow property owners to resume nonconforming uses if they revert to such use within five years after changing to a conforming use. It establishes the right to seek declaratory relief against municipalities for violations of these provisions, waiving governmental immunity in such cases. Furthermore, it repeals certain existing subsections of Section 211.019, streamlining the process for property owners affected by zoning changes. The act is set to take effect on September 1, 2025, and applies to properties affected by zoning changes after this date.

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)