TITLE: Relating to building height restrictions in certain municipalities.

SUMMARY: Relating to building height restrictions in certain municipalities.

FULL TEXT:
AN ACT relating to building height restrictions in certain municipalities. 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 214.908 to read as follows: Sec. 214.908. LIMITATION ON BUILDING HEIGHT RESTRICTION. (a) This section applies only to a municipality with a population of more than 725,000. (b) A municipality may not adopt or enforce an ordinance, regulation, or other measure that limits the height of a building based on the building's proximity to a lot that is located more than 50 feet from the building. (c) The prohibition described by Subsection (b) applies to a zoning regulation that limits the maximum building height authorized for a lot. (d) For purposes of this section, the proximity of a building to a lot is measured along the shortest straight line between the building and the lot's lot line. (e) This section does not affect the application of a restriction or regulation imposed by: (1) Chapter 3151, Government Code; (2) federal law, including a restriction or regulation affecting a military base or airport; (3) a municipality that contains a World Heritage Site declared by the United Nations Educational, Scientific and Cultural Organization and intended to protect a building or area designated for protection based on the building's or area's historical, cultural, or architectural importance and significance; or (4) a municipality related to the height of a building near an airport, including a military airport, commercial service airport, or joint-use airport. (f) This section does not apply to a tower that is: (1) a fixed, uninhabitable structure, regardless of whether free-standing or guyed; and (2) not designed to act as a shelter or to be occupied for any use. (g) This section does not affect the validity or enforceability by any person of a restrictive covenant or deed restriction. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.