SB 1882 aims to place stricter procedural and substantive constraints on how Texas municipalities may impose moratoriums on property development. A development moratorium is a temporary halt on land development activities, often used by cities to manage infrastructure demands or preserve resources during planning updates. SB 1882 modifies multiple subsections of Chapter 212 of the Texas Local Government Code to require greater transparency, deliberation, and justification before a moratorium can be adopted or extended.
The bill mandates that municipalities conduct two public hearings before adopting a development moratorium, with at least 30 days between the hearings. It eliminates the ability of municipalities to impose temporary moratoria immediately after issuing notice of a hearing, a power previously granted under the old statute. Additionally, after the second public hearing, cities must wait at least 28 days between the first and final ordinance readings to impose a moratorium, and the final adoption requires a two-thirds majority vote of the governing body.
Further, SB 1882 limits the initial duration of any moratorium to 90 days and prohibits municipalities from exceeding a total of 180 days for the same moratorium unless they meet strict renewal conditions. To extend a moratorium, a municipality must publicly identify the problem necessitating the pause, demonstrate progress toward resolving the issue, and present a clear timeline for completing the work. Additionally, it prevents municipalities from imposing a similar moratorium within two years if it targets the same issue or geographic area. The bill also repeals previous code sections that allowed more flexible moratorium procedures, tightening overall restrictions on local land-use controls.
Overall, SB 1882 represents a significant shift toward limiting municipal authority over development pauses and bolstering property owners' due process rights in Texas.