Texas SB 840, explained
SB 840 makes big Texas cities allow apartments and mixed use in zones that allow offices, shops or warehouses. Here is what it says, section by section.
Not legal advice; confirm with the city.
SB 840 is Acts 2025, 89th Legislature, Regular Session, Chapter 778. It took effect on 1 Sep 2025. It is now Local Government Code Chapter 218.
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What the law says
Each line is one section, cited to the official code on statutes.capitol.texas.gov, except SECTION 4(a), which is in the enrolled bill. Each was read on the official site on 1 Nov 2026.
| Section | What it says |
|---|---|
| Local Government Code §218.002 | Only cities over 150,000 people, wholly or partly in a county over 300,000 (2020 census). |
| Local Government Code §218.101(a) | A covered city must allow multifamily or mixed-use homes in any zone that allows office, commercial, retail, warehouse or mixed-use as an allowed use. |
| Local Government Code §218.101(b) | No rezoning, variance, special exception, conditional use permit or plan amendment can be required first. |
| Local Government Code §218.001(3) | Multifamily means 3 or more homes. |
| Local Government Code §218.001(2) | Mixed-use means at least 65% of the floor area is homes. |
| Local Government Code §218.102(a)(1)(A) | The density limit can't be stricter than the greater of the city's highest residential density or 36 homes an acre. |
| Local Government Code §218.102(a)(1)(B) | The height limit can't be stricter than the greater of the height allowed for a commercial building on the site or 45 ft. |
| Local Government Code §218.102(a)(1)(C) | A setback can't be bigger than the lesser of the commercial setback on the site or 25 ft. |
| Local Government Code §218.102(a)(2) | The city can't require more than 1 parking space a home, or a parking garage. |
| Local Government Code §218.102(a)(3) | The city can't limit floor area ratio. |
| Local Government Code §218.102(a)(4) | The city can't require shops or offices in a multifamily building unless the area is zoned mixed-use residential. |
| Local Government Code §218.102(b) | A project that meets these rules is approved by staff, with no council vote. |
| Local Government Code §218.101(c) | It doesn't apply in a zone that allows heavy industry, near existing heavy industry, near an airport or military base, or in a clear zone. |
| Local Government Code §218.101(c)(2)(A) | Not within 1,000 ft of an existing heavy industrial use or site. |
| Local Government Code §218.101(c)(2)(B) | Not within 3,000 ft of an airport or military base. |
| Local Government Code §218.101(c)(3) | Not in a designated clear zone or accident potential zone. |
| SB 840, SECTION 4(a) (not in the code) | Only projects started on or after 1 Sep 2025. |
What we haven't read
- SB 2477 also added a Chapter 218. How its office-conversion rules are coded: Planner check needed.
- The conversion rules (§§218.201–218.204) aren't in our check.
Which cities it covers
Only cities over 150,000 people, wholly or partly in a county over 300,000 (2020 census). That is 19 cities. We read zoning maps in 5 of them.
- Houston: Houston has no zoning, so SB 15 and SB 840 don't apply here; Houston's own lot rules do (Planner check needed).
- San Antonio: zone by zone
- Dallas: zone by zone
- Austin: zone by zone
- Fort Worth: covered; our check doesn't read its maps yet.
- El Paso: zone by zone
- Arlington: zone by zone
- Corpus Christi: covered; our check doesn't read its maps yet.
- Plano: covered; our check doesn't read its maps yet.
- Lubbock: covered; our check doesn't read its maps yet.
- Irving: covered; our check doesn't read its maps yet.
- Garland: covered; our check doesn't read its maps yet.
- Frisco: covered; our check doesn't read its maps yet.
- Grand Prairie: covered; our check doesn't read its maps yet.
- McKinney: covered; our check doesn't read its maps yet.
- Brownsville: covered; our check doesn't read its maps yet.
- Killeen: covered; our check doesn't read its maps yet.
- Pasadena: covered; our check doesn't read its maps yet.
- Mesquite: covered; our check doesn't read its maps yet.
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Not legal advice; confirm with the city.