A bill that will make it more difficult to oppose zoning changes is gaining momentum in Austin. Ultimately, this proposal would allow cities to plan and build more housing developments, something this state desperately needs. This is a serious proposal that puts the NIMBY crowd on notice.
Senate Bill 844, by state Sen. Bryan Hughes, R-Mineola, and House Bill 24, by Rep. Angela Orr, R-Itasca, would increase the protest threshold for zoning changes. Since both the House and Senate versions have passed, this bill is well-positioned to become law. Housing affordability is a priority for Lt. Gov. Dan Patrick and Gov. Greg Abbott.
We are all aware of the housing shortage in Texas. Too often, a loud minority becomes an impediment to sensible new development that would add more units to the market. This proposal will raise the bar for neighbors to block a zoning change that would create more housing.
Under current law, if 20% of property owners within 200 feet of a proposed zoning change protest, the city council can approve the change only with a three-fourths supermajority vote. This rule was intended to give nearby property owners a voice in zoning decisions, but it has increasingly been used by small groups to obstruct new housing.
In some cases, it has been possible for a single person or landowner to derail a zoning change. This is known as the “landowner veto” or “tyrant veto.”
The bills would change the protest threshold to 60% of landowners within the notification area. If that figure is achieved, the council could still override the opposition with a simple majority vote.
Cities such as Irving have raised concerns that this bill dilutes the say of neighboring properties on a zoning change for increased residential density. Officials argued in a recent post online that the 60% threshold is difficult to meet.
Just in March, the Irving City Council approved a zoning change to allow a resort by the Sands Corp., a Las Vegas casino company, but without permission for gambling, in response to community backlash. Hughes’ bill in the Senate was amended with a gambling exception that keeps the 20% protest threshold for such zoning cases.
There is support across the political spectrum for this reform. Conservative think tanks like the Texas Public Policy Foundation and Texas Policy Research are rallying behind this legislation. Housing advocates from Habitat for Humanity and the Dallas Housing Coalition recently wrote an op-ed in this newspaper in favor of the proposal.
It is worth considering that this is a statewide edict to solve a local problem. This editorial board has raised concerns about the erosion of local control by lawmakers in Austin, setting forth policies that have nothing to do with the economic health of the state. Examples of state overreach abound in this year’s session.
However, reining in NIMBYism is relevant to the economic health of the whole state. Texas has a housing affordability problem that will become an obstacle to our continuous economic growth if it’s not addressed.
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