Bills to build more homes — and lower housing costs — fail quietly in final days of the Texas Legislature (2024)

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A sweeping agenda to slow Texas’ substantial rise in housing costs by reining in local regulations that opponents say get in the way of building new homes has died quietly in the Texas Legislature.

And when it came to a crucial vote this week, Democrats — who represent the state’s biggest urban areas, where home prices and rents are highest — accounted for most of the opposition.

Although Texas builds more homes than any other state, it’s not building enough to keep up with its massive population and economic growth, leading to historically high housing costs, according to housing advocates, builders and real estate experts. By some estimates, the state is short hundreds of thousands of homes.

Proponents of building more homes pushed legislation that would loosen city housing regulations and enlisted many Republicans in the GOP-dominated Legislature to help push the proposals over the line.

But those bills hit a wall this week amid opposition from both parties and neighborhood groups that work passionately to kill any attempt to build new housing in their areas. Democrats also cited concerns that the bills would further infringe on cities’ and counties’ ability to make their own rules on housing.

“There are many lessons Texas can learn from expensive states like California of what happens when you don’t build housing to accommodate job growth and family growth, before it’s too late for Texas’ middle class,” said Nicole Nosek, head of Texans for Reasonable Solutions, a nonprofit that pushed the housing bills this session.

Over the past several years, fights over statewide changes to local zoning laws in an attempt to boost housing production have played out in state legislatures across the country as skyrocketing housing costs have squeezed homeowners, would-be homebuyers and renters alike. By various estimates, the nation needs to build millions more homes than it has to at least temper the rising cost of housing — and a growing policy consensus has pinpointed city zoning restrictions as a root cause of the nation’s housing woes.

Lawmakers in California, Oregon, Washington and Montana have all enacted reforms to zoning laws, while efforts to do so in New York and Arizona have stalled out.

That fight quietly made its way to Texas this year after a red-hot housing market — spurred by the state’s rapid population growth and an influx of homebuyers during the COVID-19 pandemic — sent home prices and rents skyward.

But in a calamitous legislative session dominated by big fights between top Republican leaders, the matter garnered little attention. A pair of GOP bills, considered among the most consequential reforms sought by housing advocates, died in the House early Wednesday after lawmakers ran into a midnight deadline.

One would have drastically reduced city requirements for how much land new homes must sit on. Opponents of such requirements contend that they lead to the building of more expensive housing to make up for the cost of the land.

The other would have targeted “compatibility” requirements in cities like Austin that restrict a building’s height based on how close it is to a single-family home — which critics argue make it harder for developers to build apartment complexes next to single-family neighborhoods.

But even an idea considered a gentler way to boost the state’s housing stock died at the hands of a divided House in a late-night vote Monday that stretched into the wee hours of Tuesday morning. That bill would have made cities loosen their rules on the construction of accessory dwelling units — also known as ADUs or “granny flats” — in the backyards of single-family homes. Building more ADUs would boost the housing stock without disrupting a neighborhood’s character or building new major infrastructure, proponents argue.

“This bill is a private property rights bill,” said state Rep. Justin Holland, a Rockwall Republican who carried the bill. “It’s a free-market solutions bill. It aims to combat housing affordability issues … to benefit employees and individuals and businesses alike so that you can live close to where you work.”

But the measure encountered stiff resistance from Democrats, who warned that the bill would lead to a bonanza for short-term rental operators and so-called institutional homebuyers — meaning investors and corporations who buy single-family homes.

That was the line of attack taken up by opponents like the Texas Neighborhood Coalition, a collection of neighborhood groups that has opposed the proliferation of short-term rentals but also worked this session to kill proposals to build new housing. It’s common for groups of neighbors often referred to as “NIMBYs” — an acronym for not in my backyard — to oppose new housing by claiming it will harm their home values, exacerbate car traffic and destroy neighborhood character.

“While we understand the need for additional housing, we firmly believe all residential zoning decisions are best made at the local level by elected representatives who know the needs of their community and answer to local voters,” said David Schwarte, co-founder of the Texas Neighborhood Coalition.

Relaxing those restrictions at the state level would also sap cities of some authority to control land use in their backyards, Democrats argued.

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After a yearslong assault on bluer urban areas by state Republican leaders, Democrats have been on guard about any measure that can be seen as an attack on “local control.” Last week, they failed to block a bill that would significantly restrict local governments’ ability to make new rules in a wide range of areas already covered by state law. The proposal cleared both chambers and is headed to Gov. Greg Abbott, who has long been a proponent of such a measure.

But opponents of new housing in other states have used the guise of protecting local control to kill statewide housing proposals in recent years.

The ADUs bill died by a 68-70 vote, with 43 Democrats and 27 Republicans voting against it. Fifty-five Republicans voted in favor, joined by 13 Democrats.

“We should not be coming along here and passing a law that’s going to make a commercial, uncontrollable, really unforeseeable mess out of every neighborhood in the state,” said state Rep. John Bryant, a Dallas Democrat who led the charge against the bill.

State Rep. Carl Sherman, a DeSoto Democrat, added, “The largest investment that our Texans make is buying their home. And what we’re doing is encroaching upon their dream, their American dream that they can have a home and not have to worry about what we do upstream to create havoc with their homes.”

House Democrats’ big role in killing pro-housing legislation frustrated housing advocates, particularly when local rules that would lead to more housing in most of the cities they represent often die in the face of NIMBY opposition. That’s been the case in Austin, where a group of homeowners has repeatedly and successfully sued the city over housing reforms, most prominently to block an attempted 2018 overhaul of the city’s land development code, which hasn’t been updated since the 1980s.

Lawmakers won’t leave Austin without any achievements on the housing construction front. A top priority bill for Texas House Speaker Dade Phelan that would accelerate cities’ development review processes for new housing — which builders complain can take months, adding to the ultimate cost of a home — has cleared both chambers.

But advocates lamented that lawmakers didn’t do more to reduce roadblocks for new housing construction and warned that the housing crisis will only be worse by the time the Legislature meets two years from now.

“It’s absolutely devastating,” said Greg Anderson, director of community affairs for Austin Habitat for Humanity who serves on Austin’s Planning Commission. “More and more, we have to realize this is purely self-inflicted. We choose to rather come up with talking points and good excuses for inaction. One has to wonder how longer we’re all going to accept it.”

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Bills to build more homes — and lower housing costs — fail quietly in final days of the Texas Legislature (2024)

FAQs

What committee is responsible for scheduling bills for debate in the Texas house? ›

CONFERENCE COMMITTEE

A committee composed of five members from each house appointed by the respective presiding officers to resolve the differences between the house and senate versions of a measure when the originating chamber refuses to concur in the changes made by the opposite chamber.

How does a bill become a law in Texas? ›

If the governor neither vetoes nor signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.

How long is the regular session of the Texas Legislative? ›

The Legislature of the State of Texas, operating under the biennial system, convenes its regular sessions at noon on the second Tuesday in January of odd-numbered years. The maximum duration of a regular session is 140 days.

Which branch of the Texas government makes laws? ›

Legislative Branch

The Texas State Legislature is a bicameral body made up of the upper Texas Senate and the lower House of Representatives. The Texas State Legislature meets every two years for 140 days of Regular Session.

What is the final legislative step before a bill becomes a law in Texas? ›

After the bill is debated and amended, if applicable, the members vote on the bill for passage to third reading, where the bill is then considered for final passage. A bill may be amended on third reading, but adoption of an amendment at this stage requires a vote of a two-thirds majority of the members present.

Who investigates possible impacts of legislation to prepare bills to be considered by the House? ›

Committee(s): Committees are groups of Members of Congress appointed to investigate, debate, and report on legislation. Standing Committees are the most common type of committee; they consider bills and other legislation that is before the House or the Senate.

Does a bill always become a law? ›

The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.

Does every bill become a law? ›

Once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.

How hard is it for a bill to become a law? ›

The Bill Is a Law

If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

What is the chicken law in Texas 2023? ›

Texas House Bill 1191 (Prior Session Legislation)

fewer chickens. waste that results in an offensive odor or attracts pests. Act takes effect September 1, 2023.

How does the state of Texas make most of its money? ›

The state takes in over $250 billion a year in revenue coming from over 60 different taxes, fees and assessments. Most of that money goes out to pay for services and activities such as road construction, professional licensing, prisons and university research.

How long does it take for bills to pass? ›

Normally, the Governor has 12 days after receiving a bill to decide to sign or veto it, or a bill will become law automatically without his or her signature. However, the Governor has 30 days to make this decision on bills submitted to him or her when the annual winter recess is near at hand.

What is the most powerful branch in Texas government? ›

The Texas legislature is the dominant branch of state government within the state constitutional framework of separation of powers.

Which tax generates the most revenue for Texas? ›

The largest sources of state tax revenue are: sales taxes. the franchise tax (the state's primary business tax)

What makes Texas government different from other states? ›

Texas has a plural executive branch system which limits the power of the Governor. Except for the Secretary of State, all executive officers are elected independently, making them directly answerable to the public, not the Governor.

What is the final step before a national bill becomes law? ›

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law.

What are the final steps of the bill making process? ›

After a measure has been passed in identical form by both the House and Senate, it is considered “enrolled.” The enrolled bill is sent to the President who may sign the measure into law, veto it and return it to Congress, let it become law without signature, or at the end of a session, pocket-veto it.

What is the final step of how a bill becomes a law at the state level? ›

The Governor has 12 days to sign, approve without signing, or veto a bill. A letter or phone call to the Governor's Office is appropriate to state your position on the bill. If the bill is signed or approved without a signature, it goes to the Secretary of State to be chaptered.

What is the difference between a bill and a law? ›

When a bill is passed in identical form by both the Senate and the House, it is sent to the president for his signature. If the president signs the bill, it becomes a law. Laws are also known as Acts of Congress. Statute is another word that is used interchangeably with law.

What is the difference between a bill and a resolution? ›

Bills, if passed by the House and Senate and signed by the President, become binding law and part of the United States Code. Resolutions are not laws; rather, they are expressions of the “sentiments” of either the House or Senate.

Who is primarily responsible for making a bill officially law? ›

Creating and enacting laws is one of the greatest responsibilities Congress has. A Bill can originate from either the U.S. House of Representatives or the U.S. Senate and is the most common form of legislation.

What happens if a bill doesn't become a law? ›

If a bill from any Congress does not become law during the Congress in which it is introduced, it is considered “dead.” For a “dead” bill to be enacted in a new Congress, it would have to be reintroduced with a new number and begin anew its journey through the legislative process.

What can a President do to stop a bill from becoming a law? ›

The power of the President to refuse to approve a bill or joint resolution and thus prevent its enactment into law is the veto. The president has ten days (excluding Sundays) to sign a bill passed by Congress.

Can Senate pass bills without House? ›

A bill must pass both houses of Congress before it goes to the President for consideration.

What stops one branch of government from becoming too powerful? ›

To be sure that one branch does not become more powerful than the others, the Government has a system called checks and balances. Through this system, each branch is given power to check on the other two branches. The President has the power to veto a bill sent from Congress, which would stop it from becoming a law.

What is the Article 1 of the Constitution? ›

1 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambas- sadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdic- ...

Who enforces the laws? ›

The U.S. Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law).

What is the elastic clause in the Constitution? ›

The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.

What is the Bill of Rights? ›

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.

Why would the bill return to the House? ›

Back to Congress

If the President vetoes the bill, it is sent back to the U.S. House of Representatives. From here, the Speaker may decide not to pursue the bill further, send it back to committee for further consideration, or return to the bill to the House Floor for a vote.

Can I have a rooster in my backyard in Texas? ›

Fowl includes animals such as chickens, turkeys, geese and ducks. There is no state law regulating these types of animals. If you live within city limits, your city ordinances will determine whether or not you can have them on your property.

Can you sell backyard chicken eggs in Texas? ›

If you sell graded eggs from a personal flock, then you DO need an Egg License.

How much do chicken farmers make in Texas? ›

How much does a Poultry Farmer make in Texas? The salary range for a Poultry Farmer job is from $31,850 to $36,051 per year in Texas. Click on the filter to check out Poultry Farmer job salaries by hourly, weekly, biweekly, semimonthly, monthly, and yearly.

How can Texas afford no income tax? ›

Texas. The Texas Constitution forbids personal income taxes. Instead of collecting income taxes, Texas relies on high sales and use taxes. When paired with local taxes, total sales taxes in some jurisdictions are as high as 8.25%.

Who pays the most state taxes in Texas? ›

Our state's tax system is upside down, asking the most from those with the least. In Texas, the wealthiest residents pay an average of only 4.5 percent of their income in state and local taxes, compared to 17.2 percent for residents with the lowest incomes.

Is it better to live in a state with no income tax? ›

States that have no income tax aren't excessively wealthy and benevolent. They simply have a different structure for raising revenue. With no income tax dollars coming in, these states must get that revenue from other sources. Typically, this translates to higher sales taxes, property taxes and/or gasoline taxes.

What can Congress do if they want to pass a law that is not supported by the President? ›

Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually an act is passed with a simple majority.) This check prevents the President from blocking an act when significant support for it exists.

How successful is look after my bills? ›

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How many Congress does it take to pass a bill? ›

If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill.

Which branch has more power than the president? ›

The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes. The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.

Who runs the most powerful branch of government? ›

Executive branch
  • President - The president is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces.
  • Vice president - The vice president supports the president. ...
  • The Cabinet - Cabinet members serve as advisors to the president.

What is Article 3 of the Texas Constitution? ›

3. ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the qualified voters for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes.

Which state collects most taxes? ›

In the fiscal year of 2021, the state of California collected a total of 248.19 billion U.S. dollars in tax revenue, the highest of any state. New York collected the second highest amount of taxes in that year, coming in at 93.5 billion U.S. dollars.

Are Texans paying more in taxes? ›

Though Texas has no state-level personal income tax, it does levy relatively high consumption and property taxes on residents to make up the difference. Ultimately, it has a higher effective state and local tax rate for a median U.S. household at 12.73% than California's 8.97%, according to a new report from WalletHub.

What state has the highest income tax? ›

California has the highest state income tax, with a rate of up to 13.3%. California has graduated-rate income taxes that range from 1% to a 13.3% tax rate on income of more than $1 million. Middle-class Californians pay an income tax rate in the range of 6% to 9.3%.

What percentage of Texas is owned by the government? ›

Federal land is managed for many purposes, such as the conservation and development of natural resources, grazing and recreation. The federal government owns 1.77 percent of Texas's total land, 2,977,950 acres out of 168,217,600 total acres. Texas ranked 17th in the nation in federal land ownership.

Does Texas give more to the federal government than it takes? ›

Texas pays an exorbitant $17B in excise taxes to the federal government – more than any other state by far and more than the income taxes on Texas's top 1% of earners.

Who schedules bills for floor debate? ›

Congressional schedules indicate what the House and Senate intend to discuss or bring to the floor on a particular day.

What type of committee usually deals with proposed bills? ›

The most common type of committee, standing committees consider bills and other legislation that is before the U.S. House of Representatives. When a bill is introduced on the House floor, it is assigned a bill number and sent to a standing committee by the Speaker of the House.

What committee gives bills guidelines for debate and amendments? ›

The Committee on Rules is amongst the oldest standing committees in the House, having been first formally constituted on April 2, 1789.

How do the House leaders schedule debate on a bill? ›

First, a Representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate.

Who controls what bills get scheduled on the House floor? ›

Legislation is placed on the Calendar:

The Speaker of the House and the Majority Leader decide what will reach the floor and when.

What can a president do to stop a bill from becoming a law? ›

The power of the President to refuse to approve a bill or joint resolution and thus prevent its enactment into law is the veto. The president has ten days (excluding Sundays) to sign a bill passed by Congress.

What are 4 things that a committee may do with a bill? ›

The Bill Goes to Committee

When the bill reaches committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor.

What are the four types of committees a bill can go to? ›

The Senate is currently home to 24 committees: there are 16 standing committees, four special or select committees, and four joint committees.

What are 3 things a committee can do with a bill? ›

If the bill is released, it then goes on the House Calendar. Here the House Rules Committee may call for the bill to be voted on quickly, limit the debate, or limit or prohibit amendments.

Which committee is used to reconcile different bills in the House and the Senate? ›

A conference committee is a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers.

How do you oppose a bill? ›

Supporting or opposing a bill usually means phoning, writing and, perhaps, visiting your legislator or his/her staff. Can you do more to help get your bill through the Legislature? You can attend hearings and testify on the bill. Ask your legislator which policy committee your bill has been assigned to.

What kind of bills have to start in the House of Representative? ›

Any bill that deals with revenue always begins in the House of Representatives.

What is the fate of most bills introduced in Congress? ›

After bills are introduced, they are sent to the appropriate committee (and possibly, subcommittee) where the hard work of writing legislation is done. Most bills are never passed out of their committees and must be re-introduced in the next Congress for consideration.

What happens after a bill is debated in the House? ›

If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on.

What role does the House Rules Committee have when considering a bill? ›

Rules. The House Rules Committee considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor of the House. The Rules Committee also reviews, adopts and schedules consideration of floor resolutions.

Why would a bill go to committee? ›

If the bill is to advance, it is referred to a committee for review. The committee takes action on the bill. The committee chairperson may choose not to schedule the bill for hearing. In this event, the bill “dies.

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