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Bill to curb compatibility filed at the state Legislature

Monday, January 23, 2023 by Jonathan Lee

A bill filed last week at the Texas Legislature would significantly curtail compatibility, a rule in Austin that restricts the height of buildings near single-family homes.

Senate Bill 491, filed by state Sen. Bryan Hughes (R-Mineola), would in effect allow taller buildings to be built closer to single-family homes. If the bill passes, compatibility height limits would only apply within 50 feet of single-family homes, compared to the current limits in Austin that extend 540 feet from most single-family homes. 

The bill does not call out Austin’s compatibility rules specifically; the language restricts cities in Texas with more than 725,000 people from placing “limits on the height of a building on a lot based on the lot’s proximity to another lot that is located more than 50 feet from the original lot.” 

Despite City Council’s recent change to decrease the impact of compatibility along major streets, local housing advocates and builders still say the rule heavily constrains many sites around the city. This means fewer housing units get built at a time when the city needs more housing supply to tame rising prices. Austin has far more restrictive compatibility rules than peer cities, according to city staffers.

Support on Council for further changes to compatibility is mixed. Some members say they hope to relax compatibility more, while others signal they would oppose any such proposal. Council Member Chito Vela, one of the rule’s strongest critics on Council, told the Austin Monitor in December that compatibility is “completely killing housing along the corridors.” He said he is hopeful that recently elected members will support additional changes.

In order to become law, the bill will have to endure a legislative gauntlet. But because the bill has a Republican sponsor, it may have a better chance of making it out of committee and to a full vote of the Senate and House (Republicans hold majorities in both chambers). This year’s legislative session began Jan. 10 and lasts until May 29. 

Photo by Daderot, CC0, via Wikimedia Commons.

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