89th Legislature

HB 3919

Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3919 establishes new zoning limitations for residential lot size and density in municipalities with populations over 90,000 that are located in counties with more than 300,000 residents. The bill prohibits these municipalities from enforcing minimum lot size requirements exceeding 1,400 square feet, minimum lot width exceeding 20 feet, or minimum depth exceeding 60 feet. Additionally, it limits density restrictions by ensuring that zoning regulations do not reduce the number of dwelling units per acre below 31.1. The bill also sets restrictions on how municipalities regulate small lots, defined as those 4,000 square feet or smaller. It prevents cities from imposing excessive setback requirements, requiring covered parking, mandating more than one parking space per unit, or restricting building height below three stories. Municipalities may still impose fees and driveway-sharing requirements, but they cannot adopt zoning restrictions that limit housing development on small lots beyond the specified limits. Homeowners' associations and private agreements remain unaffected by this legislation, allowing them to continue enforcing their own property restrictions. The bill also grants individuals or housing organizations the right to sue municipalities for violations, with courts authorized to issue declaratory judgments, injunctions, and monetary damages. It includes a waiver of governmental immunity for municipalities and official immunity for municipal employees when facing claims under this law.
Author
Gary Gates
Pat Curry
Todd Hunter
James Talarico
Cody Harris
Co-Author
Sheryl Cole
Mark Dorazio
Ryan Guillen
Sam Harless
Richard Hayes
Cole Hefner
Hillary Hickland
Janis Holt
Lacey Hull
Suleman Lalani
Oscar Longoria
Janie Lopez
A.J. Louderback
J. M. Lozano
Armando Martinez
Don McLaughlin
Terry Meza
Sergio Munoz, Jr.
Tom Oliverson
Claudia Ordaz
Richard Raymond
John Smithee
Carl Tepper
Senfronia Thompson
Cody Vasut
Hubert Vo
Eugene Wu