89th Legislature

HB 5187

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 5187 proposes a new Chapter 218 to the Texas Local Government Code, designed to facilitate the conversion of older office buildings into mixed-use or multifamily residential developments in large urban municipalities. The bill specifically targets cities with populations exceeding 150,000 located in counties with more than 300,000 residents. Its aim is to reduce regulatory burdens and streamline redevelopment processes to promote adaptive reuse of commercial properties in light of shifting real estate needs and urban housing demand.

Under the bill, municipalities meeting the population criteria would be prohibited from imposing fees associated with permits or reviews for conversion projects, including building permits, sidewalk or street closures, and expedited reviews where applicable. Additionally, cities would be barred from requiring parkland dedications or imposing related fees in connection with qualifying conversions. To be eligible, the building in question must have been used primarily for office purposes, be at least five years old, and have at least 65% of its total and per-floor square footage repurposed for residential use.

The bill includes important carve-outs to protect safety and compatibility. Conversions would not be permitted in areas zoned for heavy industrial use or within certain distances of airports and military bases, including designated accident potential zones. HB 5187 also preserves municipal authority to regulate historic landmarks and enforce short-term rental rules. Furthermore, the legislation clarifies that it does not interfere with private property restrictions or deed enforcement mechanisms maintained by property owners’ associations.

Overall, HB 5187 represents a targeted effort to encourage urban infill development by easing outdated regulatory constraints, promoting housing supply, and allowing greater flexibility for property owners seeking to repurpose underutilized commercial buildings.

The Committee Substitute for HB 5187 significantly narrows and softens the scope of the originally filed version. Most notably, the filed version applied to both municipalities and counties, setting a population threshold of 90,000 for municipalities and 300,000 for counties. In contrast, the substitute version eliminates county applicability altogether and raises the municipal population threshold to 150,000, thus limiting the bill’s impact to a smaller number of urban cities. This change reflects a strategic scaling back, likely to address concerns from county officials or to focus reform efforts on the largest urban centers where commercial-to-residential conversions are most viable.

Another key difference lies in enforcement mechanisms. The filed version contained robust enforcement provisions, including waivers of governmental immunity and standing for individuals and housing advocacy organizations to sue municipalities or counties for violations. It also introduced a penalty mechanism whereby non-compliant jurisdictions would be restricted to the no-new-revenue tax rate for three years. These tools gave the bill significant legal force and fiscal consequence. However, in the Committee Substitute, all such enforcement language is removed, indicating a shift toward encouraging compliance through regulation rather than litigation or fiscal penalties.

While the core regulatory elements remain intact in both versions, such as prohibitions on parkland dedication fees, traffic impact studies, and density restrictions, the Committee Substitute removes some of the more expansive prohibitions, including specific limitations on design requirements and utility upgrades. These deletions, combined with the removal of civil and attorney general enforcement provisions, suggest a compromise was reached to maintain the bill's core objective while reducing its reach and potential for legal conflict with local governments. Overall, the substitute bill maintains the policy direction of facilitating office-to-residential conversions but does so with a more restrained and collaborative approach.

Author
Jared Patterson
Co-Author
Pat Curry
James Frank
Gary Gates
Hillary Hickland
Don McLaughlin
Penny Morales Shaw
David Spiller
Chris Turner
Cody Vasut
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal impact to the state is anticipated with passage of HB 5187. While the bill could alter how municipalities regulate and approve the conversion of office buildings to mixed-use or multifamily residential uses, any related state costs are expected to be absorbed within existing resources.

The bill could, in theory, affect taxable property values by incentivizing the redevelopment of underutilized commercial properties into residential spaces. This shift might impact the school finance formula, which is partly tied to local property values and tax revenues. However, the LBB notes that such effects are unlikely to be significant, suggesting that while some fiscal ripple effects could occur, they are not expected to materially alter state obligations or entitlements under current funding mechanisms.

At the local level, there could be some impact, particularly for municipalities that currently impose development fees, parkland dedication requirements, or other regulatory constraints on redevelopment projects. Cities that rely on these fees for infrastructure or administrative cost recovery could see reduced revenue opportunities. However, the fiscal note does not quantify these effects, likely due to the variability in local development practices and the discretionary nature of many of the fees that the bill seeks to prohibit.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 5187 due to its clear alignment with multiple core liberty principles and its practical response to urgent housing and economic needs in Texas cities. The bill strategically facilitates the adaptive reuse of vacant or underused office buildings into mixed-use or multifamily residential properties by reducing costly regulatory hurdles. These conversions present a timely solution to high commercial vacancy rates and a shortage of attainable housing near employment centers, especially for middle-income Texans.

From a policy standpoint, the bill advances the principle of private property rights by allowing property owners greater freedom to determine viable, market-driven uses for their real estate. At the same time, limited government is affirmed by curbing excessive municipal interference, such as prohibiting new fees, rezoning obstacles, traffic impact studies, and parkland dedications that often make such projects cost-prohibitive. Rather than eliminating all local oversight, the bill preserves local authority over health and safety codes, historic preservation, and short-term rental rules, striking a responsible balance between deregulation and accountability.

Economically, the bill promotes free enterprise by reducing artificial constraints on redevelopment and enabling private capital to meet public housing demand without requiring taxpayer-funded subsidies. It supports individual liberty by expanding housing choices for residents in areas they may not otherwise be able to afford, while also fostering revitalized, walkable downtowns and transit-accessible communities.

Finally, the bill avoids significant fiscal consequences to the state and minimizes disruption to local government revenue, according to the Legislative Budget Board. It is narrowly tailored to the largest cities and offers a practical, environmentally efficient means of boosting housing supply through market adaptation rather than top-down mandates. For these reasons, HB 5187 is a pro-housing, pro-growth, pro-liberty measure. Texas Policy Research recommends that lawmakers vote YES on HB 5187.

  • Individual Liberty: The bill enhances individual liberty by removing unnecessary government-imposed barriers to the redevelopment of office buildings into residences. This promotes more housing choices for individuals, especially in job-rich urban centers where affordability and access have been declining. It empowers individuals to live closer to work, reduce commute times, and choose housing configurations that suit their needs—key elements of personal autonomy.
  • Personal Responsibility: The bill reinforces personal responsibility by encouraging private developers to invest in underutilized buildings without dependence on public subsidies. By lowering regulatory costs and delays, it supports those willing to assume the financial and logistical risks of redevelopment. Individuals and companies are incentivized to act in the marketplace rather than depend on government-driven housing programs.
  • Free Enterprise: This bill strongly supports free enterprise by eliminating fees and procedural red tape that interfere with market-based redevelopment. It removes costly regulations, such as traffic studies, parkland dedications, and zoning variances, that often make adaptive reuse unviable. By creating a predictable and less burdensome framework for conversions, the bill opens the door for private innovation in real estate development and housing supply.
  • Private Property Rights: At its core, the bill is a property rights bill. It limits the ability of municipalities to impose onerous conditions on how a property owner may repurpose their own building. As long as conversions meet health and safety codes, owners are given more control over how their property is used. Importantly, the bill preserves deed restrictions and the authority of property owners’ associations, which ensures that voluntary private governance is respected.
  • Limited Government: The bill embodies limited government by constraining municipal overreach and ensuring that local regulation is narrowly tailored. It prevents cities from using land-use tools as indirect barriers to development, such as excessive fees or restrictive zoning requirements, while still respecting local authority over core safety and historic concerns. It reflects a belief that government should serve as a framework for order, not a gatekeeper of economic activity.
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