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TX SB854
Bill
Status
1/17/2025
Primary Sponsor
Mayes Middleton
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AI Summary
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Requires municipalities to permit multifamily (3+ dwelling units) and mixed-use development on land owned or leased for at least 40 years by religious organizations, without requiring zoning changes, variances, special permits, or comprehensive plan amendments
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Prohibits municipalities from restricting building height below 40 feet and 3 stories, requiring front setbacks greater than 15 feet, rear setbacks greater than 10 feet, side setbacks greater than 5 feet, or imposing minimum parking requirements beyond federal law
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Does not apply to religious land within a quarter mile of heavy industrial uses, airports, seaports, or military bases, and preserves municipal authority over sewer/water access, stormwater mitigation, building codes, short-term rental regulations, and historic preservation
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Creates a private right of action allowing affected persons or housing organizations to sue municipalities for violations, with courts authorized to issue declaratory judgments, mandamus writs, injunctions, and award economic damages with governmental immunity waived
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Effective September 1, 2025, and does not affect private deed restrictions or homeowners' association rules
Legislative Description
Relating to municipal regulation of multifamily and mixed-use development on religious land.
Disabilities, Persons with
Last Action
Not again placed on intent calendar
4/3/2025