Texas 2023 - 88th Regular

Texas House Bill HB2789

Filed
2/24/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to regulation of accessory dwelling units by political subdivisions.

Impact

The implementation of HB 2789 would significantly alter local laws governing housing development. By preventing local governments from imposing certain restrictions on the construction and occupation of ADUs, the bill aims to centralize authority for regulating these units. This could lead to an increase in the number of affordable housing options but simultaneously restrict local governments' ability to govern land use and development policies tailored to specific community needs. Particularly, the bill prohibits regulations that impose minimum lot sizes, require owner-occupancy, or limit the sale of ADUs, impacting local control in urban planning.

Summary

House Bill 2789 is a legislative proposal aimed at regulating accessory dwelling units (ADUs) across Texas. The bill outlines definitions and parameters under which political subdivisions are prohibited from enacting ordinances that limit the construction of ADUs. It seeks to facilitate the development of these units to address issues of housing affordability by allowing more flexible housing options within neighborhoods. Supporters assert that by easing restrictions, the bill will enhance the availability of housing, benefiting individual homeowners, potential renters, and the broader community's needs.

Sentiment

The sentiment surrounding HB 2789 appears to be divided along political and partisan lines. Proponents, including various advocacy groups and lawmakers, frame the bill as a necessary response to the growing housing crisis in Texas, arguing that ADUs can provide essential solutions for affordable housing. Conversely, opponents, including local government representatives, express concerns that the bill undermines local governance and may lead to overcrowding or diminish community character. The debate reflects deeper tensions about property rights, local control, and state intervention in local governance.

Contention

Notable points of contention arise around the balance between increasing housing supply and maintaining local autonomy. Critics argue that the bill weakens the ability of cities, especially rapidly growing metropolitan areas, to manage their neighborhoods effectively. Hearings have seen testimonies both for and against the bill, emphasizing impacts on local regulations and community standards. The opposition has called for more nuanced discussions that consider local contexts and specific zoning laws, suggesting that the one-size-fits-all approach may not be suitable for every community.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 7. Type B General-law Municipality
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1412

Identical Relating to regulation of accessory dwelling units by political subdivisions.

Previously Filed As

TX SB1412

Relating to regulation of accessory dwelling units by political subdivisions.

TX HB1779

Relating to regulation of accessory dwelling units by political subdivisions.

TX SB673

Relating to regulation of accessory dwelling units by political subdivisions.

TX HB878

Relating to the regulation of residential land use and accessory dwelling units by a political subdivision; authorizing a fee.

Similar Bills

CA AB1055

Accessory dwelling units: proof of residential occupancy requirements.

CA AB956

Accessory dwelling units: ministerial approval: single-family dwellings.

TX SB1412

Relating to regulation of accessory dwelling units by political subdivisions.

TX SB673

Relating to regulation of accessory dwelling units by political subdivisions.

CA SB543

Accessory dwelling units and junior accessory dwelling units.

TX HB1779

Relating to regulation of accessory dwelling units by political subdivisions.

CA AB1154

Accessory dwelling units: junior accessory dwelling units.

CA SB9

Accessory Dwelling Units: owner-occupant requirements.