Planning

New Multifamily + Mixed-Use Developments

Senate Bill 840 was passed by the 89th Texas State Legislature on May 21, 2025. Governor Abbott signed SB 840 into law on June 20, 2025, and it takes effect on Sept. 1, 2025.
This law applies only to Texas cities with populations greater than 150,000, in counties with more than 300,000 residents. In total, SB 840 affects just 19 of the state's largest cities, including Irving. Once in effect, it will be codified in the Texas Local Government Code as Chapter 218.

Intent of the Law

Senate Bill 840 significantly reduces local zoning authority by allowing the construction of multifamily apartments and residential mixed-use developments on land that is zoned for office, commercial, retail or warehouse uses. There are only a few exceptions, which include land zoned for heavy industrial use and land located near an airport or other heavy industrial activity.

View the full text of SB 840

Impact

Future Planning

Response

Under Senate Bill 840, affected cities cannot require zoning changes, special exceptions, variances or any other discretionary approvals before allowing new multifamily apartment or residential mixed-use developments. If a construction permit application meets the building code and other land development regulations that do not conflict with Chapter 218 of the Local Government Code, the city must approve it administratively.

For new multifamily and residential mixed-use projects, Irving cannot:

Restrict residential density below 36 units per acre.
Limit building height below 45 feet.
Require a setback or buffer greater than 25 feet.
Require multilevel parking garages.
Require more than one parking space per residential unit.

The law further limits the city’s ability to regulate the conversion of existing office, retail or warehouse buildings into apartments or residential mixed-use developments. These restrictions prevent the city from requiring additional parking or other improvements that could help address the increased traffic such conversions may cause.