A century-old state law in Texas that has long empowered homeowners to challenge housing developments may soon be significantly altered.
House Bill 24, introduced by Republican state Rep. Angelia Orr, is currently awaiting the signature of Governor Greg Abbott after garnering bipartisan support from lawmakers.
The proposed legislation seeks to transform the existing ‘protest and notice’ provisions within state law that allow surrounding property owners to block zoning changes initiated by their neighbors.
Currently, if a property owner wants to upzone their land—essentially enabling the construction of additional housing—any 20% of adjacent landowners can petition the city to oppose this change.
Should the petition reach the necessary threshold, the property owner must then secure a supermajority vote from the governing body responsible for zoning decisions, which in Austin requires approval from nine out of ten City Council members.
Advocates for upzoning have argued that these protests complicate the process and create financial burdens due to the need for expensive consultations and extensive bureaucratic navigation.
Critics of the current law term it the ‘tyrant’s veto,’ claiming it gives a small fraction of landowners excessive influence over land-use decisions that can affect entire communities.
This claim is bolstered by a notable incident in 2019, when the Austin City Council was on the verge of enacting a comprehensive update to the city’s Land Development Code—a foundational set of rules that dictates what types of structures can be built.
Despite receiving majority support through two of the three required votes, a small group of property owners filed a lawsuit to halt the progress, citing insufficient opportunities for public protest against the proposed changes.
A local district court judge later sided with the plaintiffs, ultimately derailing the code rewrite.
Opponents of this legislative tool assert that it has systematically obstructed essential zoning reforms and contributed to housing shortages throughout Texas.
If implemented, HB 24 would adjust the threshold for property owners wishing to file a protest against zoning changes, raising the petition requirement to 60%.
Moreover, the new rules would enable a simple majority of the governing body to approve petitioned zoning changes, effectively diminishing the impact of minority landowner dissent.
Additionally, the new legislation clarifies that protest rights will not extend to comprehensive changes in zoning regulations.
Organizations such as Community Not Commodity, known for their resistance to local housing expansion initiatives in Austin, have voiced strong opposition against HB 24, as it could undermine their ability to challenge municipal zoning decisions.
Barbara McArthur, a member of the advocacy group, contended that the bill would hinder residents’ ability to contest unlawful zoning measures.
She argued that the legislation facilitates neighborhood redevelopment and benefits families.
In contrast, Rep. Orr has articulated that the intent behind HB 24 is to alleviate supermajority requirements that have traditionally stifled crucial housing developments while aggravating affordability and availability concerns within Texas cities.
“The proposed process shifts decision-making back to elected officials and away from small opposition groups,” Orr noted.
Governor Abbott has until June 22 to either sign the bill into law or choose not to veto it.
Should he allow it to proceed, the implications for housing development and regulatory processes in Texas could be substantial, leading to more streamlined zoning changes and potentially alleviating the state’s ongoing housing crisis.
image source from：austinchronicle
