86th Legislative Neighborhood Update

The following are bills that are of special interest to San Antonio neighborhoods. Jordan Ghawi has been in Austin and following the progress of these bills for T1NC. 

HB 2496 / SB 1488 (Municipal Historic Designation) – This bill prohibited historic designation without the owner’s consent, including in historic districts. In San Antonio, there are ways of opting out of a historic designation but requires a review. Now has four joint authors, including D120 Representative Barbara Gervin-Hawkins.  The substitute bill, which is better than what was originally filed, is close to mirroring San Antonio’s ordinance which requires a simple majority (51%) from the Zoning Commission and Historic Design and Review Commission (HDRC) and a super-majority from City Council (3/4 vote) for historic designation. This bill requires a super-majority from both commissions as well as City Council.   

We will continue to advocate for an amendment to the bill that would change the language to represent the current processes in San Antonio. Next step is a committee report on the bill and then it will be sent to Calendars. 

HB 3778 / SB 1888 (STR) – The substitute Short Term Rental (STR) bill prohibits local ordinances that ban STRs, allows unlimited Type 2 STRs in non-residential areas, and allows neighborhoods (such as HOAs) to ban STRs. The bill does not prohibit the block face restrictions that now exist in the San Antonio ordinance. We are still trying to figure out to what “non-residential” refers. 

HB2439 / SB 1266 (Building Materials Bill) –  This bill would enable the use of any building material or product as long as it has been approved for use by a national model building code that has been adopted by the local government. A substitute was considered in the House Committee on State Affairs.  It was not the author’s intent to affect NCDs, Historic Districts, or other overlays.  The Committee substitute has language that would exclude the aforementioned groups. This bill is in the House State Affairs Committee.  

HB 2730 / SB 2162 (Anti-SLAPP “reform” bill) – would gut the Texas Citizens Participation Act, a law that protects average citizens from being financially ruined by meritless defamation lawsuits filed by plaintiffs with deep pockets. The past eight years the law has protected common people who dare to speak their minds on matters of public concern. Read  A Perspective on HB 2730Please write the members of the House Committee on Judiciary & Civil Jurisprudence as well as your local representatives about this bill. 

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