Relating to nonconforming land uses after the adoption of or change to a zoning regulation or boundary.
HB 2149 amends Texas Local Government Code Section 211.019 to require municipalities to negotiate agreements with property owners before forcing them to stop nonconforming land uses (uses that don't comply with current zoning after a regulation change). The bill mandates that agreements must specify either a payment covering relocation costs and market value loss, or a period allowing continued use to recover costs through business operations. This directly affects property owners with existing nonconforming uses and municipalities enforcing zoning changes. The key change shifts enforcement from unilateral municipal orders to a negotiated process with defined compensation or transition periods.
Bill status
passed
3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 14, 2025
Last action May 15, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Engrossed
·
6 edits
·
May 9, 2025
MODERATE
This bill significantly restructures Texas law regarding nonconforming land uses by adding a new chapter to the Government Code and amending the Local Government Code. The changes clarify that property owners can continue nonconforming uses unless they agree to stop them, establish clear payment and remedy timelines, and expand protections for repairing or modifying nonconforming structures. The bill also adds new sections allowing property owners to resume nonconforming uses within five years of stopping them and creates a declaratory judgment process for disputes.
Scope change
The bill expands the scope by adding Chapter 3001 to the Government Code and amending multiple sections in the Local Government Code to provide clearer rights and procedures for property owners with nonconforming uses.
SCOPE
Added a new Chapter 3001 to the Government Code establishing a comprehensive right to continue or modify nonconforming land uses.
ELIGIBILITY
Changed the requirement from municipalities being able to require property owners to stop nonconforming uses to requiring municipalities to enter into agreements with property owners first.
TIMELINE
Added a five-year window for property owners to resume nonconforming uses after changing or stopping them.
ENFORCEMENT
Created a new declaratory judgment action allowing property owners to sue municipalities for violations of nonconforming use protections.
REQUIREMENT
Modified notice requirements to include information about remedies available to property owners when municipalities seek to stop nonconforming uses.
DEFINITION
Added a specific definition of 'nonconforming' to clarify what structures or uses qualify for protection under the law.
Floor votes · House May 9, 2025
How they voted
100–41
Passed · 4 other
Total votes 145
May 9, 2025
D
Democratic59
64% Nay
R
Republican86
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
35
Key actions
11
Committee
8
Amendments
4
May 15, 2025
Upper · Passed
Left pending in committee
upper
May 13, 2025
Committee
Referred to Local Government
upper
May 13, 2025
Introduced
Read first time
upper
May 12, 2025
Introduced
Received from the House
upper
May 9, 2025
Lower · Passed
Passed as amended
lower
May 9, 2025
Lower · Passed
Amended
lower
May 9, 2025
House · Passed
House Vote: pass (100-41-4)
house
May 6, 2025
Lower · Passed
Passed to engrossment as amended
lower
May 6, 2025
Lower · Passed
Amended
lower
Apr 15, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 14, 2025
Lower · Passed
Committee report distributed
lower
Apr 3, 2025
Lower · Passed
Reported favorably as substituted
lower
Mar 27, 2025
Lower · Passed
Left pending in committee
lower
Mar 27, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 14, 2025
Committee
Referred to Land & Resource Management
lower
Mar 14, 2025
Introduced
Read first time
lower
2 primary · 0 co-sponsors
Sponsors
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