TX HB2149

Prohibits state and local governments from restricting repair of nonconforming structures, continuation of nonconforming uses after repairs or replacement construction, or modification/expansion of nonconforming uses when necessary to continue operations or protect health and safety

Requires municipalities to enter into voluntary agreements with property owners before stopping nonconforming uses; municipalities can no longer unilaterally require cessation of nonconforming uses

Property owners who agree to stop nonconforming uses are entitled to either: (1) payment covering costs of ceasing the use plus diminished property value, or (2) continued use for a period sufficient to recover those costs through business operations

Allows property owners who voluntarily changed from a nonconforming to conforming use to resume the nonconforming use within 5 years of stopping it, unless they received compensation through a municipal agreement

Waives municipal immunity from suit for property owners bringing declaratory judgment actions for violations of nonconforming use protections; applies to zoning changes considered on or after September 1, 2025