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H.B. No. 2266
AN ACT
relating to the authority of municipalities to enact a requirement
that establishes the sales price for certain housing units or
residential lots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.904 to read as follows:
Sec. 214.904. PROHIBITION OF CERTAIN MUNICIPAL
REQUIREMENTS REGARDING SALES OF HOUSING UNITS OR RESIDENTIAL LOTS.
(a) A municipality may not adopt a requirement in any form,
including through an ordinance or regulation or as a condition for
granting a building permit, that establishes a maximum sales price
for a privately produced housing unit or residential building lot.
(b) This section does not affect any authority of a
municipality to:
(1) create or implement an incentive, contract
commitment, density bonus, or other voluntary program designed to
increase the supply of moderate or lower-cost housing units; or
(2) adopt a requirement applicable to an area served
under the provisions of Chapter 373A, Local Government Code, which
authorizes homestead preservation districts, if such chapter is
created by an act of the legislature.
(c) This section does not apply to a requirement adopted by
a municipality for an area as a part of a development agreement
entered into before September 1, 2005.
(d) This section does not apply to property that is part of
an urban land bank program.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2266 was passed by the House on May 2,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 2266 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2266 was passed by the Senate, with
amendments, on May 21, 2005, by the following vote: Yeas 27, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor