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Midlothian planning staff briefs commission on 89th Texas Legislature bills affecting local land‑use rules
Summary
Planning staff summarized several bills from the 89th Texas Legislature that affect local land‑use regulation, including limits on home‑occupation regulation, notice and petition changes for citywide zoning map or overlay updates, manufactured‑home placement rules and changes to public‑meeting notice requirements.
At a regular meeting of the Midlothian Planning and Zoning Commission, planning staff reviewed recent state legislative changes from the 89th Texas Legislature that staff said may affect local development practice and the city’s upcoming zoning code rewrite.
Staff said House Bill 2464 narrows local regulation of home‑based businesses by defining “no‑impact” home‑based businesses and limiting municipal ability to require specific use permits or licensing for those low‑impact operations; staff noted Midlothian’s existing home‑occupation ordinance and enforcement approach are generally consistent with the new law but that a future cleanup text amendment may be needed. Staff emphasized that the city may continue to enforce codes related to fire safety, health and sanitation, transportation and solid/hazardous waste even for home‑based businesses.
Staff also reviewed changes that affect city zoning‑map or overlay changes: House Bill 24 requires that citywide zoning map changes or overlay district proposals be published in the newspaper and on the city website at least 15 days before a hearing and changes petition thresholds for certain zoning actions (staff summarized the petition area thresholds as discussed in the meeting). Staff said Midlothian is preparing a unified development code that will combine zoning and subdivision regulations and that the new petition and notice rules will apply when that work reaches P&Z and council.
Other items staff summarized included a bill that allows certain apartment buildings to be served by a single stairway under specified building‑code conditions (Senate Bill 2835, as summarized by staff) and statutory changes regarding manufactured homes, including a requirement that cities include at least one residential district where HUD‑code manufactured homes can be sited and that local definitions be consistent with federal HUD code definitions. Staff said those manufactured‑home provisions align with Midlothian’s existing mobile‑home district and practices.
Staff noted changes to public‑meeting notice rules (House Bill 1522) requiring notices to be posted three business days before a meeting and that cities may deliver electronic notices via an online portal if recipients opt in (House Bill 4506). Staff also said that if a printed newspaper of widespread circulation is not available, notices may be published in a digital newspaper under the amended Open Meetings Act; staff said that provision does not currently apply to Midlothian.
Staff advised commissioners that some tracked bills will not affect Midlothian and that the city will monitor other pending rules. Commissioners asked staff for clarification about where the city’s mobile‑home district is located; staff identified Village South north/northwest of downtown and noted other mobile homes elsewhere in the city may be lawful nonconforming uses due to annexation history.
Staff said the city will adjust calendars and notice procedures to comply with the new posting requirements and will explore electronic notice options for voluntary recipients such as homeowners associations.
