89th Legislature Regular Session

SB 844

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 844 proposes amendments to Chapter 211 of the Texas Local Government Code, addressing how municipalities enact and respond to zoning regulation changes. The bill distinguishes between comprehensive and non-comprehensive zoning changes and introduces procedural reforms to govern public notification, protests, and legal presumptions related to these changes.

The bill defines a “proposed comprehensive zoning change” as a municipal action that either uniformly increases residential development across zoning districts, adopts an entirely new zoning code or map, or creates an overlay district increasing residential capacity along major roadways or transit corridors. For these comprehensive changes, SB 844 clarifies that the standard notice requirements—publishing in a newspaper and on the city's website—are sufficient, preventing municipalities from being required to provide additional individualized notice.

For non-comprehensive zoning changes, the bill creates a new statutory process for formal protests by property owners. If at least 20% of the area directly affected or 60% of the surrounding landowners within 200 feet file a protest, the proposed zoning change must receive a supermajority vote (either three-fourths or a majority of the governing body, depending on the protest type) to be approved. The bill also consolidates and clarifies how land areas are calculated for protest purposes, including public rights-of-way in the total.

Finally, SB 844 includes a “presumption of validity” for zoning changes that increase residential development, stating such changes are conclusively presumed valid and legally compliant. This clause appears to offer legal protection for pro-housing policies, although its practical impact may depend on how courts interpret it in light of the new protest provisions.

The Committee Substitute for SB 844 represents a substantial revision from the originally filed version, both in structure and intent. While the original bill primarily sought to encourage less restrictive residential zoning by enabling aggressive enforcement tools and narrowing the right to protest zoning changes, the substitute version broadens procedural rights and adopts a more balanced approach to land use governance.

One of the most significant differences lies in the scope of protest rights. The original version limited protests to zoning changes that either downzoned property or were initiated by property owners, effectively shielding more permissive or city-initiated upzoning from procedural delays. In contrast, the substitute expands these rights to include any zoning change that is not considered a “comprehensive zoning change,” thereby allowing affected property owners broader input—even in cases that would increase the housing supply.

Additionally, the original bill included robust enforcement mechanisms that were stripped from the substitute. These included a private right of action for applicants, nonprofits, or housing-eligible individuals to sue municipalities for failing to adopt less restrictive zoning, as well as a provision allowing the Attorney General to penalize municipalities by capping their property tax rates for violations. These enforcement tools, coupled with a venue advantage and exclusive appellate review in the newly created Fifteenth Court of Appeals, would have centralized significant power over local zoning in the hands of state authorities and the courts. These features were removed in the Committee Substitute, reflecting a retreat from state preemption and litigation-based enforcement.

Finally, the substitute introduces a new framework by distinguishing “comprehensive zoning changes” from other zoning amendments. Comprehensive changes—like a citywide rezoning or overlay district along major corridors—are exempted from protest rights and follow simplified notice rules. This concept was entirely absent from the original bill and signals a shift toward recognizing the unique role of large-scale, strategic land-use changes in addressing housing needs. Overall, the Committee Substitute tones down the original bill’s aggressive reform posture and moves toward a more nuanced balance between housing growth, local control, and citizen participation.
Author
Bryan Hughes
Co-Author
Sarah Eckhardt
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 844 is not expected to have a significant fiscal impact on the State of Texas. The analysis concludes that any administrative or operational costs associated with implementing the bill’s procedural changes regarding zoning regulations could be absorbed using existing agency resources. This includes responsibilities that may fall on agencies such as the Office of Court Administration and the Office of the Attorney General, particularly in relation to processing zoning protests or managing updated notice procedures.

At the local level, the bill is likewise anticipated to impose no significant fiscal burden. While municipalities may experience modest administrative changes—such as adjustments to zoning notice procedures or handling of new protest thresholds—the fiscal note suggests these duties will not require additional staffing or substantial financial investment. The substitution's removal of prior litigation and enforcement provisions (such as lawsuits compelling zoning changes or tax penalties enforced by the Attorney General) likely contributed to the limited fiscal impact.

In summary, SB 844 is designed to adjust municipal zoning processes without introducing significant costs to state or local governments. The bill’s changes are primarily procedural and can be implemented within current budgetary frameworks, according to the Legislative Budget Board’s analysis.

Vote Recommendation Notes

SB 844 offers a thoughtful modernization of Texas’ zoning protest framework that seeks to promote housing development while maintaining community input and property rights. The bill addresses a long-standing concern: that small groups of adjacent property owners can disproportionately block zoning changes—even those aligned with comprehensive local plans—by triggering supermajority voting thresholds. By distinguishing between “comprehensive” and “non-comprehensive” zoning changes, SB 844 preserves valid protest rights for directly affected property owners while ensuring that large-scale, citywide reforms are not subject to procedural gridlock.

The bill strongly aligns with liberty principles, especially in its support of local decision-making, streamlined governance, and more flexible land use—key to unlocking private investment in housing and improving affordability. It reduces bureaucratic friction and clarifies procedural notice requirements, all without imposing significant fiscal burdens on the state or local governments. Additionally, the preservation of protest rights for owners of impacted parcels ensures that meaningful due process remains in place.

Texas Policy Research recommends that lawmakers vote YES on SB 844 but also suggests amending the bill to address a few important issues. First, the bill includes a presumption of validity for zoning changes that increase residential development but does not clearly reconcile this with the heightened protest voting requirements—this could create interpretive uncertainty. Second, while the removal of aggressive enforcement provisions (from the originally filed version) reduces potential litigation risk, the bill could benefit from alternative accountability tools to ensure fair municipal compliance with zoning processes. Clarifying these areas would strengthen the bill’s alignment with principles of limited government, private property rights, and free enterprise.

With modest amendments, SB 844 presents a well-balanced framework that preserves local control, promotes development, and modernizes outdated zoning laws to better serve Texas communities.

  • Individual Liberty: The bill enhances individual liberty by refining who has the right to protest zoning changes and under what circumstances. It preserves the ability of directly affected property owners to organize and formally protest changes, ensuring their voices are still heard in land use decisions. However, it reduces the ability of adjacent—but not directly affected—property owners to block development unilaterally. This supports the broader principle that liberty should not be used to infringe on others' right to use their own property responsibly.
  • Personal Responsibility: The bill neither penalizes nor incentivizes individual behavior in a way that directly affects personal responsibility. However, by re-centering decision-making authority on locally elected officials and ensuring clear procedures for zoning changes, it reinforces a framework where citizens are encouraged to participate in governance through established channels.
  • Free Enterprise: One of the most significant impacts of the bill is on free enterprise. By limiting the ability of small groups to use procedural protests to block or delay zoning changes—especially those that support increased housing supply—the bill reduces regulatory barriers to entry and investment. Developers, landowners, and local governments gain more certainty, which can reduce delays, litigation risks, and project costs. However, the continued existence of protest-triggered supermajority thresholds—even when a proposal increases housing opportunity—could still serve as a partial obstacle to free-market land use. This is one reason for the "Amend" recommendation.
  • Private Property Rights: The bill strikes a careful balance in this area. It protects the rights of those whose property is subject to a zoning change by allowing them to initiate a protest and potentially trigger higher voting thresholds. At the same time, it curtails the ability of adjacent property owners to unreasonably restrict the development potential of neighboring land. This duality supports the principle that private property rights should be protected not only from government overreach but also from undue interference by other private actors.
  • Limited Government: By streamlining procedures, reducing excessive protest power, and returning greater discretion to locally elected councils, the bill promotes a more limited and accountable form of government. It removes outdated statutory burdens that hinder responsiveness and efficiency in local land-use planning. At the same time, it avoids overreach by not introducing new state mandates or litigation tools, as had been proposed in the originally filed version.
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