SB 15

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