Planning commission recommends resolution documenting non‑enforcement of occupancy limits after Texas law change

The Bryan Planning and Zoning Commission voted Sept. 18 to recommend that the City of Bryan adopt a resolution noting that the city will not enforce local dwelling‑unit occupancy restrictions that are preempted by Texas Senate Bill 1567.

Commissioner Clark, who spoke at length during the item, said the state law "has already passed and approved the item" and that "we cannot, as a city, deny that. We must not enforce those items," arguing the legislature did not adequately deliberate the change and that it undercuts years of local rezoning work. City staff (Thomas) told the commission that the resolution is not intended to delete existing zoning language but to preserve the zoning district and other enforceable attributes until, if ever, state law changes back: "The zoning district can still exist... we're just recognizing the familial relationship element cannot be enforced."

The motion to recommend approval of the proposed resolution was moved by a commissioner and seconded by another commissioner. During discussion, a representative identifying themselves as AG Engineering said the change "kinda negates what home rule is" and noted that enforcement will shift to private remedies such as homeowner associations (HOAs) or civil suits. Staff clarified that the city cannot enforce private HOA covenants and that enforcement of CC&Rs would be a private legal matter between HOA members or homeowners and any affected parties.

Staff described a practical step the city can take to help private parties and lenders: a zoning‑verification letter on city letterhead that would state the city’s regulations and note that, under SB 1567, the city is not enforcing occupancy limits; the letter would reference the resolution number and could be used by title companies or mortgage companies seeking assurance about enforcement. "What we would do is... a zoning verification letter that just on city letter head would state... With Senate Bill 1567, we're not able to enforce this," staff said.

The commission called the vote after discussion. Multiple commissioners voiced "aye," while at least two commissioners were recorded as opposed during the roll call; the chair declared the motion passed and the commission approved the recommendation to adopt the resolution.

The action recorded at the meeting is a recommendation from the Planning and Zoning Commission; any formal city adoption of the resolution would come through the City Council process. Staff said the resolution and accompanying zoning‑verification letter are intended to preserve existing ordinance language for potential reinstatement and to provide documentation for private parties and title companies while the state law remains in effect.