Title
Consider public testimony regarding, and an ordinance amending Zoning and Development Code, Chapter 10, Section 10-21(c)(4)(d), Code of Ordinances (2018 Edition), regarding zoning protest procedures. (First Reading)*
Body
Texas House Bill 24 (HB 24) became effective on September 1, 2025, altering Section 211.006 of the Texas Local Government Code regarding requirements and thresholds for protest petitions related to certain zoning changes. The intent of the legislation is to streamline the development process and increase housing supply by limiting the ability of a small minority of property owners to block pro-residential zoning changes through the protest petition process.
Planning & Development Services staff is proposing amendments to the Zoning & Development Code to comply with the provisions of HB 24. This will amend Section 10-21 to repeal outdated language and add a new subsection to incorporate the revised protest petition rules. The new language will specify the following:
- For any zoning change that increases residential density or is considered comprehensive, a valid protest requires the signatures of owners representing 60% of the land area of either the affected tract(s) or the area within 200 feet of the affected tract(s).
- If a protest petition as outlined above is valid, the governing body may approve the change with a simple majority vote.
Under existing Code language, the threshold at which a petition is considered valid is 20%. Once reached, the proposed rezoning requires a three-fourths super majority vote of city council to be adopted. This requirement will still apply to other rezoning applications because the amendment only applies to a rezoning that seeks to increase residential density.
At its November 5, 2025, meeting, the Planning and Zoning Commission recommended approval of the code amendment by a vote of 7-0. There were no speakers during the public hearing.