Every other conversation about housing affordability in Texas revolves around the need to build more housing stock. While there is agreement on this, zoning regulations and lot-size minimums in larger urban areas have put constraints on this goal.

Texas lawmakers recognize that there is no silver bullet to tackle affordability as rising housing costs are becoming prohibitive and the average age of first-time home buyers is on the rise. But the 89th Texas Legislature is taking a serious look at this issue with a slew of bills already in discussion. This is also a priority for both Gov. Greg Abbott and Lt. Gov. Dan Patrick.

The good news is that some of the proposed legislation has the potential, over time, to increase housing stock. These proposals focus on reducing barriers with free market solutions, but they also merit a larger debate as cities stand to lose some of their decision-making power.

Senate Bill 840, by state Sen. Bryan Hughes, R-Mineola, would allow properties in commercially zoned areas in larger cities to be built or converted to residential areas without rezoning. It also allows cities to give incentives to developers if they add affordable housing. We’ve long advocated for turning low-value commercial space, especially aging strip centers, into residential lots or multifamily units.

SB 15, by state Sen. Paul Bettencourt, R-Houston, would reduce lot-size minimums for single-family homes, allowing developers to build more housing on smaller lots. This idea is not new, but it is difficult for cities to achieve, with the not-in-my-backyard crowd ever ready to howl.

As it is written, the proposal wouldn’t apply to homes built in existing neighborhoods, where homeowners often oppose new housing. The bill’s provisions apply only to unmapped and non-platted land larger than five acres.

Much of the legislation mirrors elements of Houston, which lowered the minimum lot size for single-family homes in 1998, when minimums were reduced from 5,000 square feet to as low as 1,400. According to an analysis by the Bipartisan Policy Center, a Washington think tank, over 25,000 homes were developed between 1999 and 2016, evidence that the reform allowed for denser housing.

After years of discussion, in 2023, Austin reduced its minimum lot size from 5,750 to 2,500 square feet. Dallas — where minimum lots for single-family range from around 5,000 to 7,500 square feet — tried to open the conversation last year with little progress.

Bettencourt’s bill would prohibit municipalities with a population of 90,000 and located in a county larger than 300,000 people from requiring residential lots larger than 1,400 square feet.

If passed, both of these laws will take power from larger cities. The Legislature needs to be careful, as blanket solutions may not apply to everyone.

We have had reservations about preemptive regulation from the state. While these bills enjoy much support from builders and advocacy groups, the cities need to be part of the conversation. But given the depth of resistance to development in too many cities, the Legislature is right to consider solutions that will keep the dream of affordable home ownership or decent rental housing alive.

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