A new state law passed last year, House Bill 24, has significantly altered the process for approving housing developments in Texas, making it more difficult for organized neighborhood groups to halt projects. The legislation, which went into effect last year, eliminates the requirement for city councils to secure a supermajority vote when residents formally petition against a proposed development, enabling approval with a simple majority. This change is part of a broader effort by state lawmakers to address Texas's considerable shortage of homes, which contributes to elevated housing prices and rents.
HB 24 effectively gutted a Jim Crow-era law that previously granted nearby property owners substantial leverage to prevent new homes from being built. Under the old statute, a valid petition with enough signatures from neighboring property owners would force a city council to approve a project with a supermajority vote. This high bar often deterred builders from pursuing needed housing, as the mere threat of such a petition could derail a development.
The impact of this new law was evident in Austin with the Rowen Vale project, a proposed 64-unit affordable housing development. South Austin Christian Church, located in Austin’s Travis Heights neighborhood, sought to sell its less-than-an-acre property to developer O-SDA for income-restricted apartments, including a preschool. Despite 29 property owners formally petitioning the Austin City Council to stop the project, citing concerns about its scale and potential impact, the council unanimously approved the development.
Neighbors articulated several objections to the Rowen Vale development. Residents living near the site, a block from the South Congress shopping district, argued the four-story development would be out of character for the surrounding single-family homes and too tall for the area. Concerns were also raised about increased traffic from the new homes and preschool, as well as potential negative effects on neighboring property values.
City officials, however, supported the Rowen Vale project, aligning with the Austin City Council’s push for infill development for lower-income families in the city's urban core. Council Member Zohaib “Zo” Qadri, representing the area, noted that the development’s proximity to South Congress, an H-E-B, and a planned light rail line could provide housing options for workers who might otherwise be priced out of the city. The church’s treasurer, Robin Stallings, credits HB 24 with helping the proposal succeed against opposition.
Industry groups, such as The Real Estate Council, whose CEO Jamee Jolly stated HB 24 "takes down some of the barriers to development," view the law as crucial for increasing housing supply. Salim Furth, a senior research fellow, noted that under the old law, the petition process became an "implicit threat" to development.
While it is not yet clear how many developments have directly benefited from HB 24, housing advocates, researchers, and developers believe it grants city councils greater political flexibility to approve individual projects and implement broader zoning changes aimed at alleviating the state's housing shortage. Austin’s City Council, which has a "pro-housing" supermajority, is expected to continue using this new leeway.
