89R27010 DRS-D     By: Patterson, et al. H.B. No. 5187     Substitute the following for H.B. No. 5187:     By:  Gates C.S.H.B. No. 5187       A BILL TO BE ENTITLED   AN ACT   relating to certain municipal regulation of conversion of certain   office buildings to mixed-use and multifamily residential   occupancy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 7, Local Government Code, is   amended by adding Chapter 218 to read as follows:   CHAPTER 218.  REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL   USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 218.001.  DEFINITIONS. In this chapter:                (1)  "Heavy industrial use" means a storage,   processing, or manufacturing use:                      (A)  with processes using flammable or explosive   materials;                      (B)  with hazardous conditions; or                      (C)  that is noxious or offensive from odors,   smoke, noise, fumes, or vibrations.                (2)  "Mixed-use residential," when used to describe   land use or development, means the use or development, as   applicable, of a site consisting of residential and nonresidential   uses in which the residential uses are at least 65 percent of the   total square footage of the development.  The term includes the use   or development of a condominium.                (3)  "Multifamily residential," when used to describe   land use or development, means the use or development, as   applicable, of a site for three or more dwelling units within one or   more buildings. The term includes the use or development of a   residential condominium.                (4)  "Permit" has the meaning assigned by Section   245.001.          Sec. 218.002.  APPLICABILITY OF CHAPTER. This chapter   applies only to a municipality with a population greater than   150,000 that is wholly or partly located in a county with a   population greater than 300,000.          Sec. 218.003.  NO EFFECT ON OTHER RESTRICTIONS AND RULES.     This chapter does not limit:                (1)  a municipality from adopting or enforcing an   ordinance, regulation, or other measure:                      (A)  to protect historic landmarks or include   properties within the boundaries of local historic districts; or                      (B)  related to the use and occupancy of a   residential property that is rented for a period not longer than 30   consecutive days; or                (2)  a property owner from enforcing rules or deed   restrictions imposed by a property owners' association or by other   private agreement.   SUBCHAPTER B.  FEES AND REGULATIONS APPLICABLE TO CONVERSION OF   CERTAIN USES          Sec. 218.101.  APPLICABILITY. (a)  This subchapter applies   only to a building or the structural components of a building that:                (1)  is being used primarily for office use;                (2)  is proposed to be converted from primarily office   use to mixed-use residential or multifamily residential occupancy   for at least 65 percent of the building and at least 65 percent of   each floor of the building that is fit for occupancy; and                (3)  was constructed at least five years before the   proposed date to start the conversion.          (b)  This subchapter does not apply to a building proposed to   be converted to mixed-use residential or multifamily residential   use that is located:                (1)  in an area subject to a zoning classification that   allows heavy industrial use; or                (2)  within:                      (A)  1,000 feet of an existing heavy industrial   use or development site;                      (B)  3,000 feet of an airport or military base; or                      (C)  15,000 feet of the boundary of a military   base if the area is designated by a municipality or joint airport   zoning board, as applicable, as a clear zone or accident potential   zone supporting military aviation operations.          Sec. 218.102.  CERTAIN REGULATIONS PROHIBITED. (a)     Notwithstanding any other law, a municipality may not, in   connection with the use, development, construction, or occupancy of   a building proposed to be converted to mixed-use residential or   multifamily residential use, require:                (1)  the preparation of a traffic impact analysis or   other study relating to the effect the proposed converted building   would have on traffic or traffic operations;                (2)  the construction of improvements or payment of a   fee in connection with mitigating traffic effects related to the   proposed converted building;                (3)  the provision of additional parking spaces, other   than the parking spaces that already exist on the site of the   proposed converted building;                (4)  the extension, upgrade, replacement, or   oversizing of a utility facility except as necessary to provide the   minimum capacity needed to serve the proposed converted building;                (5)  a limit on density applicable to the site of the   proposed converted building that is more restrictive than the   greater of:                      (A)  the highest residential density allowed in   the municipality; or                      (B)  36 units per acre;                (6)  a building proposed to be converted to multifamily   residential occupancy not located in an area zoned for mixed-use   residential use to include nonresidential uses;                (7)  a design requirement, including a requirement   related to the exterior, windows, internal environment of a   building, or interior space dimensions of an apartment, that is   more restrictive than the applicable minimum standard under the   International Building Code as adopted as a municipal commercial   building code under Section 214.216;                (8)  the change of a zoning district or land use   classification or regulation or an approval of an amendment,   exception, or variance to a zoning district or land use   classification or regulation prior to allowing conversion of a   building to mixed-use residential use or multifamily residential   use;                (9)  a floor-to-area ratio that is less than the   greater of:                      (A)  120 percent of the existing floor-to-area   ratio of the building, if the proposed conversion does not increase   the existing height or site coverage of the building; or                      (B)  the highest floor-to-area ratio allowed for a   building on the site;                 (10)  a limit on impervious cover or site coverage that   is less than the existing impervious cover or site coverage of the   building or site; or                (11)  an additional drainage, detention, or water   quality requirement, if the proposed conversion does not increase   the amount of impervious cover on the building site.          (b)  For the purposes of Subsection (a)(8), an amendment,   exception, or variance to a zoning district or land use   classification or regulation includes a special exception, zoning   variance, site development variance, subdivision variance,   conditional use approval, special use permit, comprehensive plan   amendment, or other discretionary approval to allow conversion of a   building to mixed-use residential use or multifamily residential   use.          Sec. 218.103.  IMPACT FEE PROHIBITED. A municipality may   not impose an impact fee, as defined by Section 395.001, on land   where a building has been converted to mixed-use residential or   multifamily residential use unless the land on which the building   is located was already subject to an impact fee before a building   permit related to the conversion was filed with the municipality.          Sec. 218.104.  ADMINISTRATIVE APPROVAL REQUIRED.     Notwithstanding any other law, if a municipal authority responsible   for approving a building permit or other authorization required for   the conversion of a building to mixed-use residential use or   multifamily residential use determines that a proposed conversion   meets municipal regulations in accordance with this subchapter, the   municipal authority:                (1)  shall administratively approve the permit or other   authorization; and                (2)  may not require further action by the governing   body of the municipality for the approval to take effect.   SUBCHAPTER C.  ENFORCEMENT          Sec. 218.201.  CIVIL ACTION. (a)  In this section, "housing   organization" means a:                (1)  trade or industry group organized under the laws   of this state consisting of local members primarily engaged in the   construction or management of housing units;                (2)  nonprofit organization organized under the laws of   this state that:                      (A)  provides or advocates for increased access or   reduced barriers to housing; and                      (B)  has filed written or oral comments with the   legislature; or                (3)  nonprofit organization that is engaged in public   policy research, education, and outreach that includes housing   policy-related issues and advocacy.          (b)  A housing organization or other person adversely   affected or aggrieved by a violation of this chapter may bring an   action for declaratory or injunctive relief against a municipality.          (c)  A court shall award reasonable attorney's fees and court   costs to a prevailing claimant in an action brought under this   section.          (d)  Notwithstanding any other law, including Chapter 15,   Civil Practice and Remedies Code, an action brought under this   section must be brought in a county in which all or part of the real   property that is the subject of the action is located.          (e)  Notwithstanding any other law, the Fifteenth Court of   Appeals has exclusive intermediate appellate jurisdiction over an   action brought under this section.          SECTION 2.  Section 395.011, Local Government Code, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  Except as provided by Section 218.103 and Subsection   (b-1), political [Political] subdivisions may enact or impose   impact fees on land within their corporate boundaries or   extraterritorial jurisdictions only by complying with this   chapter.          (b-1)  A political subdivision may not enact or impose an   impact fee on land within its[, except that impact fees may not be   enacted or imposed in the] extraterritorial jurisdiction for   roadway facilities.          SECTION 3.  Chapter 218, Local Government Code, as added by   this Act, applies only to a building proposed to be converted to   mixed-use residential or multifamily residential use in which a   building permit was submitted to a municipality on or after the   effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.