Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee, the official text

S.B. No. 15

AN ACT

relating to size and density requirements for residential lots in

certain municipalities; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 211, Local Government Code, is amended

by adding Subchapter D to read as follows:

SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN

MUNICIPALITIES

Sec. 211.051. DEFINITIONS. In this subchapter:

(1) "Housing organization" means a:

(A) trade or industry group organized under the

laws of this state consisting of local members primarily engaged in

the construction or management of housing units;

(B) nonprofit organization organized under the

laws of this state that:

(i) provides or advocates for increased

access or reduced barriers to housing; and

(ii) has filed written or oral comments

with the legislature; or

(C) nonprofit organization organized under the

laws of this state that is engaged in public policy research,

education, and outreach that includes housing policy-related

issues and advocacy.

(2) "Small lot" means a residential lot that is 4,000

square feet or less.

Sec. 211.052. APPLICABILITY. (a) This subchapter applies

only to:

(1) a municipality that:

(A) has a population of more than 150,000; and

(B) is wholly or partly located in a county with a

population of more than 300,000; and

(2) a tract of land located in a municipality

described by Subdivision (1) that:

(A) will be platted and located in an area zoned

for single-family homes;

(B) is five acres or more; and

(C) has no recorded plat.

(b) This subchapter does not apply to an area located

within:

(1) one mile of a campus of the perimeter of a law

enforcement training center in a county that has a population of

2,600,000 or more;

(2) 3,000 feet of an airport or military base; or

(3) 15,000 feet of the boundary of a military base if

the area is designated by a municipality or joint airport zoning

board, as applicable, as a military airport overlay zone with a

clear zone and accident potential zone designation, as described by

the military base's air installation compatible use zone report.

Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter

may not be construed to affect requirements directly related to:

(1) the use and occupancy of residential units leased

for a term of less than 30 days; or

(2) flooding, sewer facilities, or well water located

on an individual residential lot and serving only that lot.

Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS

PROHIBITED. A municipality may not adopt or enforce an ordinance,

rule, or other measure that requires:

(1) a residential lot to be:

(A) larger than 3,000 square feet;

(B) wider than 30 feet; or

(C) deeper than 75 feet; or

(2) if regulating the density of dwelling units in a

residential development, a ratio of dwelling units per acre that

prevents a single-family home from being built on a residential lot

that is at least 3,000 square feet.

Sec. 211.055. SMALL LOTS. (a) Except as provided by this

section, a municipality may not adopt or enforce an ordinance,

rule, or other measure that requires a small lot to have:

(1) a building plane or other setback greater than:

(A) 15 feet from the front or 10 feet from the

back of the property; or

(B) five feet from the side of the property;

(2) covered parking;

(3) more than one parking space per unit;

(4) off-site parking;

(5) more than 30 percent open space or permeable

surface;

(6) fewer than three full stories not exceeding 10

feet in height measured from the interior floor to ceiling;

(7) a maximum building bulk;

(8) a wall articulation requirement; or

(9) any other zoning restriction that imposes

restrictions inconsistent with this subsection, including

restrictions through contiguous zoning districts or uses or from

the creation of an overlapping zoning district.

(a-1) Notwithstanding Subsection (a)(1), a municipality may

require with respect to a small lot a setback related to

environmental features, erosion, or waterways, to the extent

authorized by federal or other state law.

(b) A municipality may require with respect to a small lot:

(1) the sharing of a driveway with another lot;

(2) permitting fees equivalent to the permitting fees

charged for the development of a lot the use of which is restricted

to a single-family residence; or

(3) impact fees, to the extent authorized by Chapter

395.

(c) Notwithstanding Subsection (a)(5), a municipality may

adopt or enforce an ordinance, rule, or other measure with respect

to a small lot that:

(1) applies to land located in an aquifer recharge

zone; and

(2) relates to the protection of an aquifer.

Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. Except

as expressly provided by this subchapter, this subchapter does not

prohibit a municipality from imposing restrictions that are

applicable to all similarly situated lots or subdivisions,

including requiring all subdivisions or all small lots to fully

mitigate stormwater runoff.

Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND

OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit

property owners from enforcing rules or deed restrictions imposed

by a homeowners' association or by other private agreement.

Sec. 211.058. ACTION. (a) A person adversely affected or

aggrieved by a municipality's violation of this subchapter or a

housing organization may bring an action against the municipality

or an officer or employee of the municipality in the officer's or

employee's official capacity for relief described by Subsection

(c).

(b) A claimant must bring an action under this section in a

county in which the real property that is the subject of the action

is wholly or partly located.

(c) In an action brought under this section, a court may:

(1) enter a declaratory judgment under Chapter 37,

Civil Practice and Remedies Code;

(2) issue a writ of mandamus compelling a defendant

officer or employee to comply with this subchapter; and

(3) issue an injunction preventing the defendant from

violating this subchapter.

(d) A court shall award reasonable attorney's fees and court

costs incurred in bringing an action under this section to a

prevailing claimant.

(e) A claimant in an action brought under this section may

elect in the claimant's petition to designate the Fifteenth Court

of Appeals as the exclusive intermediate appellate court over an

appeal or original proceeding arising from the action.

SECTION 2. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 15 passed the Senate on

March 19, 2025, by the following vote: Yeas 28, Nays 3;

May 29, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 30, 2025, House

granted request of the Senate; May 31, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 31,

Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 15 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 86,

Nays 43, two present not voting; May 30, 2025, House granted

request of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 78, Nays 57, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor