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HomeMy WebLinkAboutPZ Item 27 - Legislative UpdateTO: PLANNING AND ZONING COMMISSION MEMBERS FROM: ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES MEETING DATE: AUGUST 19, 2025 SUBJECT: 89TH TEXAS LEGISLATURE —ADMINISTRATIVE, LAND USE, AND ZONING BILLS BACKGROUND: The 89th Texas Legislature's Regular Session was marked by many proposed legislations affecting local municipalities, particularly regarding administrative processes, land use, and zoning. Most of the bills that passed and were signed by the governor had the potential to significantly change the appearance of cities like Grapevine. However, these bills were primarily bracketed for cities with populations at least 150,000 and within a county of at least 300,000 people. The three bills with the greatest potential to impact Grapevine were Senate Bills 15, 840, and 2477. Senate Bill 15 allows a small lot single-family development on properties that are five acres and larger, have never been platted, and are zoned for single-family homes. Senate Bill 840 allows the construction of multifamily housing in commercial areas across the city, if it meets specific threshold requirements. Additionally, it limits the city's ability to regulate factors such as density, parking, building height, lot coverage, and setbacks for all multifamily and mixed -use housing throughout the city. Senate Bill 2477 allows existing office buildings that have been zoned for commercial use for over five years to be converted into multifamily and mixed -use residential properties. Cities are prohibited from imposing permit fees, requiring traffic impact analyses or traffic improvements, and charging parkland fees or dedications. This creates a new chapter under the Texas Local Government Code, Chapter 249. Of the 19 cities affected by the above legislation, ten are in North Texas, but Grapevine is not among them. BILL SUMMARY: This is a summary of the bills from the 89th session that will have an immediate impact on internal procedures. At this time, the two priority bills, House Bill 24 and House Bill 1522, are primarily administrative in nature and will not require any changes to the Zoning Ordinance. 891h Legislative Update Administrative House Bill 24 — The legislation amends zoning procedures in Texas, focusing on Section 211 of the Local Government Code. It introduces "comprehensive zoning changes" and sets different voting thresholds (supermajority or simple majority) for approvals. There is a 60- day challenge period for approved zone changes, and public hearing signs must measure 24 by 48 inches. This will take effect on September 1, 2025. House Bill 1522 — The agenda posting requirement has changed from 72 hours" to "3 business days" for city councils, boards, commissions, advisory groups, and their subcommittees. For a public hearing on a Tuesday, the agenda must be posted the prior Tuesday, excluding weekends, the posting date, the meeting date, and city holidays. This change will be effective September 1, 2025. Land Use and Zoninq House Bill 2464 — prohibits cities from requiring permits or licenses for home occupations. However, they may require that home occupations comply with federal, state, and local laws and codes. These occupations must be compatible with residential use and secondary to the primary residential function of the property. It's important to note that deed restrictions may still apply. House Bill 2559 — Cities that wish to implement a development moratorium must meet certain requirements- - A three-quarters (3/4) vote is necessary. - There will be a second public hearing 30 days after the first, with certified notice sent to those who requested it. - The temporary moratorium pending ordinance adoption is eliminated. - The ordinance must have two readings, which must be 28 days apart. - Residential moratoriums are added to the commercial limitation of 90 days, with one possible 90-day extension, allowing for a total of 180 days. Senate Bill 617 — Cities must send a specific notification and follow a public hearing process when converting a property to provide housing for homeless individuals. Senate Bill 783 — Broadens the exceptions allowing municipalities and counties to adopt or enforce building product standards, methods, or materials that exceed those required by state law. Senate Bill 785 — Cities are not permitted to adopt or enforce zoning regulations or district boundaries that directly or indirectly prohibit the installation of new HUD -Code manufactured homes within its limits. This implies that cities must allow HUD -Code homes in at least one zoning district. 891h Legislative Update Senate Bill 1202 - adds a new subsection, 247.0025, to Chapter 247 of the Texas Local Government Code. This new provision establishes guidelines for third -party reviews of backup power installations for one- and two-family homes. It appears to permit these third - party reviews and on -site evaluations to bypass regular inspection requirements of cities. Senate Bill 1567 — Regarding single-family occupancy, cities cannot limit the number of unrelated individuals living in a home; however, they can specify the total number of occupants based on the square footage of the bedrooms. Apply only to home -rule cities that have a university campus, as defined by Section 61.003 of the Education Code. Senate Bill 1844 — Property owners are provided a process of disannexation from a city due to a failure to provide services. This adds a new category of landowners who may petition for disannexation. A majority of property owners in an area may petition the city if: 1. The area is adjacent to a navigable waterway. 2. The annexation did not comply with Subchapter C, Chapter 43 of the Texas Local Government Code. 3. Most properties in the area lack connections to city water and wastewater systems, while other parts of the city are connected. If a valid petition is filed, the city must disannex the area within 60 days. If the city fails to do this, petitioners can file a lawsuit to compel disannexation. If successful, the court will order disannexation and award attorney's fees. Additionally, the bill states that- - Landowners in disannexed areas will not receive refunds for past taxes or fees. - The provision does not apply to previously designated industrial districts. - Long -incorporated areas can qualify for disannexation. - Petitions must be signed by landowners, not voters. All enrolled versions of each bill can be reached via the Texas Legislature Online Bill Search tool at Tx _Lcpiisllature Online - Biillll Search. All bills should be queried under the 89(R) - 2025 selection option. /e m 891h Legislative Update 3