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HB 3404

Relating to certain municipal and county regulation of certain multifamily and mixed-use residential development projects and conversion of certain commercial buildings to mixed-use and multifamily residential occupancy.

89th Legislature (2025) Introduced by Daniel Alders and 10 co-sponsors

HB 3404 would restrict Texas cities and counties from regulating multifamily, mixed-use, and commercial-to-residential conversion projects, prioritizing housing development over local zoning control.

Referred to Land & Resource Management
#citygovernment--landuse&zoning(i0064) #civilremedies&liabilities(i0065) #countygovernment--landuse&zoning(i0098) #fees&othernontaxrevenue--local(i0361) #housing--general(i0405) #permits(s0011) #politicalsubdivisions(i0588) #vehicles&traffic--general(i0865)
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Bill Summary · HB 3404

Legislative bill overview

HB 3404 would limit the regulatory authority of Texas municipalities and counties over multifamily and mixed-use residential development projects, as well as conversions of commercial buildings to residential use. The bill appears designed to streamline approval processes and reduce local zoning restrictions on housing development by constraining municipal oversight powers in these specific contexts.

Why is this important

Housing affordability and availability remain critical issues in Texas, particularly in fast-growing urban areas. This bill directly addresses local regulatory barriers that can increase development costs and timelines. The outcome could significantly affect housing supply, construction patterns, and the balance of power between local governments and developers across Texas communities.

Potential points of contention

  • Local control vs. state preemption: Cities and counties may argue this strips essential zoning authority needed for comprehensive planning, infrastructure coordination, and neighborhood character preservation
  • Unintended consequences: Reduced oversight could enable development that strains local utilities, transportation systems, and services without corresponding investment requirements
  • Definition clarity: The bill's language regarding "certain" projects is vague, potentially creating legal ambiguity about which developments are affected and inconsistent application across jurisdictions
  • Equity concerns: Streamlined approval in lower-income areas without safeguards could enable gentrification or inadequate affordable housing provisions

Compiled from official sources — confirm details with the bill’s official record.

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