CONSERVATION DISTRICTS

City of Houston adopts ordinance to create six pilot districts.

By GINA ERWIN, HAA Legislative Chair, with BRADLEY PEPPER, Vice President of Government Affairs

LAST MONTH, the City of Houston Council adopted an ordinance that would allow for the creation of six pilot Conservation Districts for the neighborhoods of Independence Heights, Freedmen’s Town, Manchester/Magnolia Park, Pleasantville, Piney Point (not Piney Point Village) and Acres Homes.

In an effort to help protect and preserve the remaining historic resources and character of certain neighborhoods in the City that do not meet the threshold to be designated an Historic District, the Planning Department staff identified Conservation Districts as another historic preservation tool being used in other Texas cities.

According to the City of Houston, a Conservation District is an area supported by property owners and designated by City Council in which certain development standards are established to preserve and protect a community’s character and recognize its heritage. The established standards are tailored to each district according to the area’s character and needs, based on extensive community input.

Working with the city, requirements will be established by the residents and owners who live and own property within a proposed district. Each district may look different depending on the cultural importance found in the community. A district may adopt some or all of these standards:

• Building height or number of stories

• Building size and massing (general shape and form of the structure)

• Front-facing building features

• Lot size and coverage

• Front and side building setbacks

• Off-street parking and yard parking

• Roof line and pitch

• Paving and hardscape covering

• General site planning (location of primary and ancillary structures)

• Architectural style and detailing

• Urban architectural character

• Garage entrance location

• Fences and walls

• Building relocation and demolitions

• Alterations to existing structures

These districts will only require 51%, as opposed to 67% for Historic Districts, of property owner support to move forward. However, unless there is 100% support from property owners, 75% of the City Council members must approve the creation of the district.

As initially drafted, this ordinance would have applied city wide and allowed for districts to be proposed virtually anywhere throughout the city. HAA worked with the city and stakeholder partners to limit the ordinance to only these six pilot areas.

It is also important to note that the ordinance does not create any Conservation Districts at this time but authorizes the Planning and Development Department to move forward with these selected communities to continue public engagement, evaluate options and begin the district creation process.

Unlike Historic Districts, which can continue to be established if they meet the criteria, there can be no additional Conservation Districts considered without a new ordinance being drafted and adopted.

Also of note, there are two bills in the legislature that would allow property owners an opt out of being included in a conservation district. SB 2147 by Senator Joan Huffman (R-Houston) and HB 4057 by Representative Mano DeAyala (RHouston) would afford property owners in a conservation district the same right found in state law for newly created deed restrictions by providing for a one-year time period to opt out of the conservation district.

City of Houston Water Rate Increases

In 2021, the City of Houston reached a lawsuit settlement regarding the state of its sewer system. As part of the agreement, the city is required to invest $3 billion in upgrades over the next five years. To fulfill this financial obligation, the City of Houston will implement a series of rate increases every April until 2026. As a result, the second increase just commenced on April 1, 2023.

This year, the rates for water and sewer serv- ices will go up by 9.2%, affecting all customers in Houston. To help residents understand the increase, HAA has developed a flyer that can be distributed among your properties. It is available in English and Spanish and there is a blank space included in the flyers for any interested member companies to add their organization’s logo. For any questions or additional information, please contact HAA Government Affairs at bpepper@haaonline.org or 713-595-0302.

Texas Legislative Session Enters Its Last Month

The Texas Legislature will adjourn Sine Die on May 29 and as the last month progresses, our elected officials in Austin will encounter several constitutionally required deadlines that are intended to kill bills rather than pass them.

The last day to consider House Bills on “second reading” will be Thursday, May 11. All bills must be heard three times, with the second and third readings being voted on. If a bill has not been passed on second reading by midnight on May 11, it will be dead and the author can then look to attach it to another bill that is still moving or in most cases, put it in a folder and wait for the next session.

The last day for the House to consider Senate bills on second reading will be on May 23rd. The same fate will await any Senate bills not passed by midnight on the 23rd.

TAA/HAA Supported Legislation

While property taxes have a dramatic impact on the industry and continue to be a top priority in both TAA and HAA’s advocacy efforts, there are two pieces of legislation that we are actively pushing.

House Bill 2035 by Rep. Shelby Slawson/Senate Bill 986 by Senator Brandon Creighton:

The eviction process should be uniform across Texas. A patchwork of local requirements creates confusion and unintended consequences. Justices of the Peace follow state law and court rules / See Legislative, Page 77

Legislative, continued from Page 9 in eviction proceedings and cities have no defined role. However, some cities have recently tried to intervene by passing ordinances that prolong the process.

For example, the City of San Marcos currently has a 90-day notice before you can file an eviction. HB 2035 and SB 986 would prohibit cities from imposing their own notice requirements outside of state law. At the time of printing, both HB 2035 and SB 986 have had a committee hearing in their respective chambers and are awaiting a vote out of committee.

House Bill 2457 by Rep. J.M. Lozano/Senate Bill 767 by Senator Tan Parker

City fees fund essential services but stakeholders – and sometimes even council members – are often not aware of new or increased fees until after they have been adopted. These bills would increase transparency when Cities are considering increasing fees in city budgets.

They will require a fee schedule of new/increased fees to be included on the city budget’s cover page —similar to requirements cities already meet when proposing new property tax rates. Will also require a separate vote by the city council to approve the use of the revenue raised by the new or increased fees. And will allow interested parties to register for email notification about proposed new/increased fees.

At the time of printing, SB 767 has passed the Senate and will be picked up by Rep. Lozano in the House.

If you have a regulatory problem or question, call the HAA main line at 713595-0300 and ask for Government Affairs. If a particular code requirement or issue concerns you, let us know by emailing Bradley at bpepper@haaonline.org.