Texas 2023 - 88th Regular

Texas Senate Bill SB1412

Filed
3/1/23  
Out of Senate Committee
4/24/23  
Voted on by Senate
4/27/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to regulation of accessory dwelling units by political subdivisions.

Impact

This bill is designed to enhance the availability of affordable housing options within Texas by making it easier for property owners to create additional living spaces. By limiting local control over building regulations pertaining to ADUs, SB1412 encourages higher density housing and aims to alleviate housing shortages in urban areas. However, the bill does not supersede any existing historical preservation rules, deed restrictions, or homeowners association regulations, providing a partial safeguard for neighborhoods concerned about uncontrolled development.

Summary

Senate Bill 1412, introduced by Senator Hughes, seeks to regulate the construction and zoning of accessory dwelling units (ADUs) by prohibiting certain local government restrictions that hinder their development. ADUs are defined as independent residential housing units located on lots zoned for single-family homes or duplexes. The bill aims to streamline the process for homeowners wishing to build ADUs by limiting local government's ability to impose excessive regulations that may restrict the construction, such as requiring owner occupancy of the primary dwelling or imposing high parking requirements.

Sentiment

The response to SB1412 has been notably polarized. Advocates highlight the necessity of increasing housing options in response to rising property values and housing shortages, viewing the bill as a progressive move towards accommodating diverse living arrangements. In contrast, opponents argue that the bill undermines local governance and the ability of communities to make decisions that reflect their unique needs, expressing worries about potential negative impacts on neighborhood character and zoning integrity.

Contention

Notable points of contention have emerged regarding local governments' control over urban planning and community development. Opponents have voiced concerns over potential overcrowding and loss of community identity if ADUs are permitted without adequate oversight. The bill's progress was marked by intense discussions in legislative committees, where stakeholders presented conflicting views regarding the balance between state intervention and local autonomy in housing policy.

Texas Constitutional Statutes Affected

Local Government Code

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

Companion Bills

TX HB2789

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

Previously Filed As

TX HB2789

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 AB2939

Accessory dwelling units.

CA AB881

Accessory dwelling units.

CA AB494

Land use: accessory dwelling units.

CA AB671

Accessory dwelling units: incentives.

CA AB670

Common interest developments: accessory dwelling units.

CA AB1585

Accessory dwelling units.

CA SB13

Accessory dwelling units.

CA AB916

Zoning: bedroom addition.