Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to amend and pass a bill that expands the type of lands authorized for mixed-use and multifamily residential development in Texas.

Highlights:

• Defines “mixed-use residential” as the use or development of a site consisting of residential and non-residential uses in which the residential use takes at least 65% of total floor space (Sec. 2).

• Defines “multifamily residential” as the use or development of a site for three or more dwelling units within one or more buildings (Sec. 2).

• Specifies that this chapter applies only to a municipality with a population of over 150,000 and which at least party resides in a county with a population of over 300,000 (Sec. 2).

• Requires municipalities to allow mixed-use residential or multifamily residential use or development in a zoning classification that allows office, commercial, retail, warehouse, or mixed use or development (Sec. 2).

• Prohibits municipalities from requiring a change of a zoning district or land use classification prior to allowing a mixed-use residential or multifamily residential use or development in an area described in the previous paragraph (Sec. 2).

• Specifies that this Section does not apply to land within 1,000 feet of heavy industrial use or development, or 3,000 feet of an airport or military base (Sec. 2).

• Prohibits municipalities from adopting or enforcing an ordinance or other regulation that is more restrictive than existing ones for the municipality regarding building height or residential density (Sec. 2).

• Prohibits municipalities from requiring a traffic impact analysis, traffic mitigation improvements, additional parking spaces, or other improvements to a building beyond what is required for residential space when converting a property to mixed-use or multifamily residential (Sec. 2).

• Prohibits municipalities from imposing an impact fee on land where a building has been converted to mixed-use or multifamily residential use unless it was already subject to an impact fee (Sec. 2).

• Authorizes a housing organization or other person adversely affected by a violation of this chapter to bring an action for declaratory or injunctive relief against a municipality (Sec. 2).

• Specifies that this Act takes effect September 1, 2025 (Sec. 5).

Full Bill Text