Texas 2023 - 88th Regular

Texas Senate Bill SB1412 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Hughes S.B. No. 1412
2	2	(Holland)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of accessory dwelling units by political
8	8	subdivisions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 7, Local Government Code, is
11	11	amended by adding Chapter 247 to read as follows:
12	12	CHAPTER 247. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL
13	13	SUBDIVISIONS
14	14	Sec. 247.001. DEFINITION. In this chapter, "accessory
15	15	dwelling unit" means a residential housing unit that is:
16	16	(1) located on any lot that is not zoned or is zoned
17	17	for a single-family home or duplex;
18	18	(2) independent of the attached or detached primary
19	19	dwelling unit; and
20	20	(3) a complete and independent living facility for at
21	21	least one individual.
22	22	Sec. 247.002. CERTAIN REGULATIONS PROHIBITED. (a) A
23	23	political subdivision may not adopt or enforce an order, ordinance,
24	24	or other measure that:
25	25	(1) prohibits an owner of a lot described by Section
26	26	247.001(1) from building an accessory dwelling unit before, after,
27	27	or concurrently with the building of the primary dwelling unit on
28	28	the lot;
29	29	(2) prohibits the owner from entering into a
30	30	residential lease for an accessory dwelling unit;
31	31	(3) requires any owner occupancy of the primary
32	32	dwelling unit;
33	33	(4) requires parking for an accessory dwelling unit on
34	34	a lot that:
35	35	(A) was platted before 1965;
36	36	(B) is less than 7,000 square feet; or
37	37	(C) is located within 1,320 feet of a public
38	38	transit line;
39	39	(5) requires a minimum lot size for an accessory
40	40	dwelling unit that is larger than the minimum lot size required by
41	41	the political subdivision for:
42	42	(A) a single-family home or duplex, as
43	43	applicable, in a lot zoned for that purpose; or
44	44	(B) an accessory dwelling unit on September 1,
45	45	2023, if the political subdivision only required a property owner
46	46	to provide notice to the political subdivision of the proposed unit
47	47	to be authorized to build the unit;
48	48	(6) requires side or rear building, waterway, plane,
49	49	or other setbacks larger than five feet for an accessory dwelling
50	50	unit;
51	51	(7) prevents an owner of a lot zoned for a
52	52	single-family home or duplex from converting an existing structure
53	53	to an accessory dwelling unit by requiring setbacks larger than the
54	54	current structure's setbacks;
55	55	(8) applies the political subdivision's local growth
56	56	restrictions or density or bulk limitations to an accessory
57	57	dwelling unit;
58	58	(9) provides a limitation on the square footage of an
59	59	accessory dwelling unit that is less than:
60	60	(A) 50 percent of the square footage of the
61	61	primary dwelling unit; or
62	62	(B) 800 square feet;
63	63	(10) regulates the design of an accessory dwelling
64	64	unit, including the shape, size, massing, or distribution of square
65	65	footage between floors;
66	66	(11) requires the height of an accessory dwelling unit
67	67	to be less than 14 feet, measured from floor to ceiling;
68	68	(12) charges an impact fee unless the accessory
69	69	dwelling unit requires:
70	70	(A) an increase in the size of the meter or
71	71	connection to serve the primary dwelling unit; or
72	72	(B) a new meter or connection for the accessory
73	73	dwelling unit;
74	74	(13) charges any additional fee or any exaction,
75	75	including a parkland or right-of-way dedication;
76	76	(14) imposes any restriction of accessory dwelling
77	77	unit occupancy on the basis of age or employment relationship with
78	78	the primary dwelling unit owner;
79	79	(15) prohibits the construction of accessory dwelling
80	80	units consistent with this chapter under otherwise applicable open
81	81	space or permeable surface restrictions;
82	82	(16) prohibits construction of an accessory dwelling
83	83	unit in accordance with the current residential building code
84	84	adopted by this state or a housing regulatory authority of this
85	85	state; or
86	86	(17) prohibits an accessory dwelling unit based on its
87	87	orientation on the lot with respect to the primary dwelling unit if
88	88	space allows for that orientation.
89	89	(b) Subsection (a)(4) does not limit a political
90	90	subdivision's authority to require the replacement of parking
91	91	required for the primary dwelling unit if the accessory dwelling
92	92	unit construction eliminates the primary dwelling unit's existing
93	93	parking.
94	94	Sec. 247.003. AUTHORIZED REGULATION. (a) Except as
95	95	provided by this chapter, a political subdivision's height
96	96	limitations, front setback limitations, site plan review, and other
97	97	zoning requirements that are generally applicable to residential
98	98	construction for the area in which an accessory dwelling unit is
99	99	built apply to the accessory dwelling unit.
100	100	(b) A political subdivision may publish accessory dwelling
101	101	unit plans, building codes, and design standards that are permitted
102	102	in the political subdivision. Subject to Section 247.002, standards
103	103	may include height, setback, landscape, and maximum size of an
104	104	accessory dwelling unit.
105	105	(c) A political subdivision may authorize an accessory
106	106	dwelling unit on a lot that:
107	107	(1) contains a structure subject to a historic
108	108	preservation law, subject to a political subdivision's authority to
109	109	regulate under other law, including Section 211.003;
110	110	(2) is located in an area used to implement a water
111	111	conservation plan described by Section 11.1271 or 13.146, Water
112	112	Code; or
113	113	(3) is located in an area subject to a standard imposed
114	114	by the Texas Water Development Board as described by Section
115	115	3000.002(c), Government Code.
116	116	(d) A political subdivision may apply the political
117	117	subdivision's regulations on short-term rental units to an
118	118	accessory dwelling unit.
119	119	(e) A political subdivision may prohibit the sale of an
120	120	accessory dwelling unit separately from the primary dwelling unit
121	121	unless:
122	122	(1) the accessory dwelling unit is located on a
123	123	separate lot from the primary dwelling unit; or
124	124	(2) the accessory dwelling unit and the primary
125	125	dwelling unit are separate condominium units under Chapter 82,
126	126	Property Code.
127	127	(f) A political subdivision may apply the political
128	128	subdivision's parking regulations that are not prohibited under
129	129	Section 247.002(a)(4) to an accessory dwelling unit if the
130	130	regulations do not:
131	131	(1) require more than one parking space for each
132	132	accessory dwelling unit; and
133	133	(2) regulate the placement or adequacy of parking.
134	134	Sec. 247.004. PERMIT APPROVAL REQUIREMENTS. (a) A
135	135	political subdivision that requires a permit to construct an
136	136	accessory dwelling unit shall:
137	137	(1) process the application for the permit
138	138	ministerially without discretionary review or a hearing;
139	139	(2) consider only whether the application satisfies
140	140	the applicable building codes, design standards, and fire codes;
141	141	and
142	142	(3) approve or deny the application not later than the
143	143	60th day after the date the applicant submits the completed
144	144	application.
145	145	(b) A permit application described by Subsection (a) is
146	146	considered approved if the political subdivision to which the
147	147	application is submitted does not approve or deny the application
148	148	on or before the 60th day after the date the applicant submits the
149	149	application.
150	150	Sec. 247.005. EFFECT ON OTHER RESTRICTIONS AND RULES. This
151	151	chapter does not supersede, preempt, or apply to a historic
152	152	preservation rule, deed restriction, or homeowners association
153	153	rule that limits or prohibits the construction of an accessory
154	154	dwelling unit.
155	155	Sec. 247.006. PROPERTY OWNER ACTION. (a) A property owner
156	156	may bring an action against a political subdivision that violates
157	157	this chapter for damages resulting from the violation and
158	158	appropriate equitable relief.
159	159	(b) A court may award a prevailing claimant reasonable
160	160	attorney's fees and costs incurred in bringing an action under this
161	161	section. The claimant may not recover exemplary damages in the
162	162	action.
163	163	(c) Governmental immunity of a political subdivision to
164	164	suit and from liability is waived to the extent of liability created
165	165	by this section.
166	166	SECTION 2. This Act takes effect immediately if it receives
167	167	a vote of two-thirds of all the members elected to each house, as
168	168	provided by Section 39, Article III, Texas Constitution. If this
169	169	Act does not receive the vote necessary for immediate effect, this
170	170	Act takes effect September 1, 2023.