HB 4866

relating to the review, adoption, and modification of land
development regulations by certain counties and municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 248 to read as follows:
CHAPTER 248.  REVIEW, ADOPTION, AND MODIFICATION OF LAND
Sec. 248.001.  DEFINITIONS.  In this chapter:
(1)  "Land development regulation" means an ordinance,
order, rule, or other regulation or standard of a political
(C)  development review and planning
(D)  commercial, residential, and multifamily
building and construction codes;
(E)  fire, electric, heating, plumbing, energy
conservation, water, and flooding codes;
(F)  development license, permit, and application
(G)  any other related aspect of land development
as determined by the political subdivision.
(2)  "Political subdivision" means a:
Sec. 248.002.  APPLICABILITY.  This chapter applies only to:
(1)  a county with a population of 500,000 or more; or
(2)  a municipality with a population of 200,000 or more.
Sec. 248.003.  REVIEW OF EXISTING LAND DEVELOPMENT
REGULATIONS.  (a)  The governing body of a political subdivision
shall review the costs, benefits, and risks of the existing land
development regulations of the political subdivision.
(b)  The governing body shall review each existing land
development regulation at least once every 10 years.
(c)  A review of a land development regulation under this
(1)  the regulation's impact on housing development;
(2)  whether the regulation remains appropriate and
benefits landowners, residents, or the public;
(3)  whether the regulation impedes the use of
technologies and techniques that conserve energy or water;
(4)  the benefits of the regulation for affected
(5)  the extent to which landowners, residents, or the
public incur costs as a result of the regulation;
(6)  the effect on persons regulated under the
(7)  the administrative or enforcement costs for the
regulation that are paid by taxpayers.
(d)  In reviewing a land development regulation under this
section, the governing body of the political subdivision shall hold
at least one public hearing and provide an opportunity for public
(e)  On completing a review of a land development regulation
under this section, the governing body of the political subdivision
shall repeal, amend, or readopt the regulation.  The governing body
shall repeal or amend a regulation that interferes with the
production of new housing or development related to existing
Sec. 248.004.  IMPACT STATEMENT FOR AND AUTHORITY TO ADOPT
OR MODIFY PROPOSED LAND DEVELOPMENT REGULATIONS.  (a)  Before the
governing body of a political subdivision may adopt or modify a land
development regulation, the governing body shall analyze the costs,
benefits, and risks of the proposed regulation and issue an impact
(b)  An impact statement required by Subsection (a) must
(1)  an analysis of the fiscal impact of the proposed
(2)  a determination of whether the proposed land
development regulation provides benefits to the health and welfare
of the residents of the political subdivision that adopted or
modified the regulation that outweigh any costs found by the
analysis required by Subdivision (1); and
(3)  the proposed land development regulation's impact
on housing costs in the political subdivision.
(c)  A political subdivision may adopt or modify a proposed
land development regulation only if the political subdivision
determines that the regulation:
(1)  is consistent with the political subdivision's
public health and safety priorities;
(2)  has a minimal fiscal impact; and
(3)  positively impacts or does not adversely impact
housing costs for residents of the political subdivision.
(d)  A political subdivision shall make an impact statement
required by Subsection (a) available for review by the public.
SECTION 2.  Not later than September 1, 2030, the governing
body of each municipality, county, and special purpose district
shall conduct an initial review of each land development regulation
under Section 248.003, Local Government Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2025.