All Roll Calls
Yes: 542 • No: 229
TexasSB 1589th Legislature Regular SessionSenate
Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.
Sponsored By: Paul Bettencourt (Republican), Donna Campbell (Republican), Brandon Creighton (Republican), Gary Gates, Roland Gutierrez (Democratic), Brent Hagenbuch (Republican), Bryan Hughes (Republican), Mayes Middleton (Republican), Robert Nichols (Republican), Angela Paxton (Republican), Royce West (Democratic)
Signed by Governor
Charitable & Nonprofit OrganizationsCity Government--Land Use & ZoningCivil Remedies & LiabilitiesHousing--GeneralProperty Interests--GeneralProperty Interests--Property Owners AssociationCOURT OF APPEALS, TEXAS
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
People can challenge city zoning violations
Beginning September 1, 2025, people harmed by violations of these zoning limits, and qualifying housing groups, can sue. They can sue the city or its officers or employees acting in their official roles. Cases must be filed in a county where the property lies, wholly or partly. Courts can declare legal rights and order city compliance or stop violations. Winning claimants must receive reasonable attorney's fees and court costs, and can choose the Fifteenth Court of Appeals for intermediate appeals. Qualifying housing groups must be organized under Texas law. They include trade or industry groups whose local members mainly build or manage housing. They also include housing-access nonprofits that have submitted written or oral comments to the Legislature. Nonprofits doing public-policy research, education, and outreach that includes housing policy and advocacy also qualify.
Cities must allow smaller home lots
Beginning September 1, 2025, covered Texas cities cannot require home lots larger than 3,000 square feet, wider than 30 feet, or deeper than 75 feet. They also cannot use density rules to block a single-family home on a 3,000-square-foot lot. These rules cover cities with more than 150,000 people, wholly or partly in counties with more than 300,000 people. Covered tracts must be at least five acres, have no recorded subdivision plat, and be planned for platting in single-family zones. For covered lots of 4,000 square feet or less, cities generally cannot require building setbacks greater than 15 feet in front, 10 feet behind, or 5 feet on either side. Cities cannot require covered parking, off-site parking, or more than one parking space per home. They cannot require more than 30% open space or water-permeable surface. They cannot set a height limit below three full stories, with each story's interior height no more than 10 feet. Cities also cannot impose maximum building-bulk limits, rules requiring breaks or offsets in walls, or conflicting zoning rules. The law permits shared driveways. The rules exclude land within one mile of a law-enforcement training center campus in a county with at least 2,600,000 people. They also exclude land within 3,000 feet of an airport or military base. A further exclusion covers land within 15,000 feet of a military-base boundary in a military airport overlay zone with the specified accident-potential designation. Environmental setbacks authorized by federal or state law remain allowed. Aquifer-protection rules in recharge zones can override the 30% open-space or permeable-surface limit. The law leaves rules for rentals under 30 days unchanged, along with lot-specific flooding, sewer, and well-water requirements. Other rules for similarly situated lots or subdivisions, including stormwater controls, remain allowed. Homeowners association rules and private deed restrictions remain enforceable.
Cities can charge small-lot development fees
Beginning September 1, 2025, covered cities can charge permit fees for small-lot development equal to those for single-family lots. They can also charge impact fees only as allowed by Chapter 395 of the Texas Local Government Code. This applies to lots of 4,000 square feet or less within the qualifying tracts covered by the zoning changes. The law sets no dollar amount and does not require cities to charge these fees.
Sponsors & Cosponsors
Sponsors
Paul Bettencourt
Republican • Senate
Donna Campbell
Republican • Senate
Brandon Creighton
Republican • Senate
Gary Gates
House
Roland Gutierrez
Democratic • Senate
Brent Hagenbuch
Republican • Senate
Bryan Hughes
Republican • Senate
Mayes Middleton
Republican • Senate
Robert Nichols
Republican • Senate
Angela Paxton
Republican • Senate
Royce West
Democratic • Senate
Cosponsors
Carol Alvarado
Democratic • Senate
Nathan Johnson
Democratic • Senate
Lois Kolkhorst
Republican • Senate
Tan Parker
Republican • Senate
Roll Call Votes
House vote • 6/1/2025
Record vote
Yes: 78 • No: 57
Senate vote • 5/31/2025
Record vote
Yes: 0 • No: 0
Senate vote • 5/31/2025
Record vote
Yes: 0 • No: 0
House vote • 5/28/2025
Record vote
Yes: 86 • No: 43
House vote • 5/27/2025
Record vote
Yes: 87 • No: 48
House vote • 5/27/2025
Record vote
Yes: 97 • No: 26
House vote • 5/27/2025
Record vote
Yes: 78 • No: 47
Senate vote • 3/19/2025
Record vote
Yes: 29 • No: 2
Senate vote • 3/19/2025
Record vote
Yes: 29 • No: 2
Senate vote • 3/19/2025
Record vote
Yes: 29 • No: 2
Senate vote • 3/19/2025
Record vote
Yes: 29 • No: 2
Actions Timeline
Effective on 9/1/25
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
6/3/2025HouseSigned in the House
6/2/2025HouseSigned in the Senate
6/2/2025SenateReported enrolled
6/1/2025SenateHouse adopts conf. comm. report-reported
6/1/2025SenateStatement(s) of vote recorded in Journal
6/1/2025HouseRecord vote (RV#4137)
6/1/2025HouseHouse adopts conference committee report
6/1/2025HouseSenate adopts conf. comm. report-reported
5/31/2025HouseRecord vote
5/31/2025SenateSenate adopts conference committee report
5/31/2025SenateRecord vote
5/31/2025SenateRules suspended
5/31/2025SenateCo-author authorized
5/31/2025SenateConf. Comm. Report distributed
5/30/2025HouseConference committee report filed
5/30/2025SenateHouse appoints conferees-reported
5/30/2025SenateHouse grants request for conf comm-reported
5/30/2025SenateHouse appoints conferees
5/30/2025HouseHouse grants request for conference committee
5/30/2025HouseSenate appoints conferees-reported
5/29/2025HouseSenate requests conference committee-reported
5/29/2025HouseSenate refuses to concur-reported
5/29/2025House
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
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