The legislature is attacking homeowner rights with companion bills SB 844 (substitute) and HB24 (substitute), which seek to overturn the victory of the Acuna lawsuit against the city and decrease homeowner notification of zoning changes, petition rights, and challenges to an illegal zoning ordinance in court. The identical substitute bills being pushed are not posted on the legislative website and, therefore, are not readily available to the public.

What the substitute bills would do:

  • Eliminate valid protest petitions by nearby homeowners currently available against proposed high-density residential developments, such as large multi-story apartment or condominium complexes, or by all homeowners against city-wide zoning changes. A valid protest petition currently triggers a super-majority vote requirement, but eliminating this will facilitate incompatible development in neighborhoods across our city, especially impacting gentrifying areas and homes near major roadways.
  • Overturn the hard-won Acunalawsuitrequirement for individual notice of a city-wide upzoning of neighborhoods.  The city can change the zoning on your property, and you will not be notified personally unless the council chooses to do so.
  • Handicap the ability to bring lawsuits to challenge illegal city-initiated upzoning by requiring them to be filed within 60 days of the effective date of the change – an unreasonably short time, especially for zoning changes for which individual notice is not guaranteed.

“Comprehensive changes—broad, citywide zoning updates—are removed from the valid petition protest and only require general notice, saving taxpayer money currently spent on costly, unnecessary individual notices and allowing cities to update outdated zoning codes more effectively.”   -from the Senate Bill SB844 analysis.

These bills radically depart from current law, allowing cities to redefine our communities without notification while stifling our ability to challenge or correct lousy land use policy and illegal conduct.

Call the offices of our Travis County delegation with a simple request: do everything they can to stop H.B. 24  and SB 844 from becoming law.  Tell them that lawyers have reviewed the bill, and advise that as drafted, it eliminates, legally and practically, the protest rights of homeowners in both city-sponsored zoning and individual zoning cases brought by developers. It also narrows homeowners’ right to individual notice and their ability to contest illegal zoning ordinances.

Call or email:

Gina Hinojosa (512) 463-0668   gina.hinojosa@house.texas.gov

Vikki Goodwin (512) 463-0652   vikki.goodwin@house.texas.gov

Donna Howard (512) 463-0631  donna.howard@house.texas.gov

James Talarico (512) 463-0821  james.talarico@house.texas.gov

Sheryl Cole (512) 463-0506  sheryl.cole@house.texas.gov

Lulu Flores (512) 463-0674   ulu.flores@house.texas.gov