A municipality must allow mixed-use residential or multifamily residential development in certain zoning classifications, and generally cannot require rezoning or discretionary approval first.
Sec. 218.101. MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USES ALLOWED. (a) Notwithstanding any other law and subject to Subsection (c), a municipality shall allow mixed-use residential use and development or multifamily residential use and development in a zoning classification that allows office, commercial, retail, warehouse, or mixed-use use or development as an allowed use under the classification. (b) Notwithstanding any other law and subject to Subsection (c), a municipality may not require 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 a mixed-use residential use or development or multifamily residential use or development in an area covered by a zoning classification described by Subsection (a). 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 a mixed-use residential use or development or multifamily residential use or development. (c) This section does not apply to: (1) a zoning classification that allows heavy industrial use; (2) land located within: (A) 1,000 feet of an existing heavy industrial use or development site; or (B) 3,000 feet of an airport or military base; or (3) an area designated by a municipality as a clear zone or accident potential zone. Added by Acts 2025, 89th Leg., R.S., Ch. 778 (S.B. 840), Sec. 2, eff. September 1, 2025. Added by Acts 2025, 89th Leg., R.S., Ch. 1026 (S.B. 2477), Sec. 1, eff. September 1, 2025.