89R6367 SCL-D
By: Bucy H.B. No. 1779
A BILL TO BE ENTITLED
AN ACT
relating to regulation of accessory dwelling units by political
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 249 to read as follows:
CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL
SUBDIVISIONS
Sec. 249.001. DEFINITION. In this chapter, "accessory
dwelling unit" means a residential housing unit that is:
(1) located on any lot that is not zoned or is zoned
for a single-family home or duplex;
(2) independent of the attached or detached primary
dwelling unit; and
(3) a complete and independent living facility for at
least one individual.
Sec. 249.002. CERTAIN REGULATIONS PROHIBITED. (a) A
political subdivision may not adopt or enforce an order, ordinance,
or other measure that:
(1) prohibits an owner of a lot described by Section
249.001(1) from building an accessory dwelling unit before, after,
or concurrently with the building of the primary dwelling unit on
the lot;
(2) subject to Section 249.003(e), prohibits the owner
from selling or entering into a residential lease of an accessory
dwelling unit;
(3) requires any owner occupancy of the primary
dwelling unit;
(4) requires parking for an accessory dwelling unit;
(5) requires a minimum lot size for an accessory
dwelling unit that is larger than the minimum lot size required by
the political subdivision for:
(A) a single-family home or duplex, as
applicable, in a lot zoned for that purpose; or
(B) an accessory dwelling unit on September 1,
2025, if the political subdivision only required a property owner
to provide notice to the political subdivision of the proposed unit
in order to be authorized to build the unit;
(6) requires side or rear building, waterway, plane,
or other setbacks larger than five feet for an accessory dwelling
unit;
(7) prevents an owner of a lot zoned for a
single-family home or duplex from converting an existing structure
to an accessory dwelling unit by requiring setbacks larger than the
current structure's setbacks;
(8) applies the political subdivision's local growth
restrictions or density or bulk limitations to an accessory
dwelling unit;
(9) provides a limitation on the square footage of an
accessory dwelling unit that is less than:
(A) 50 percent of the square footage of the
primary dwelling unit; or
(B) 800 square feet;
(10) regulates the design of an accessory dwelling
unit, including the shape, size, massing, or distribution of square
footage between floors;
(11) requires the height of a room in an accessory
dwelling unit to be more than 14 feet, measured from floor to
ceiling;
(12) charges an impact fee:
(A) in any amount for an accessory dwelling unit
that is less than 800 square feet; or
(B) that conflicts with Chapter 395;
(13) charges any additional fee or any exaction,
including a parkland or right-of-way dedication, specific to
accessory dwelling units;
(14) imposes any restriction of accessory dwelling
unit occupancy on the basis of age or employment relationship with
the primary dwelling unit owner;
(15) prohibits an owner of a lot that is at least
10,000 square feet that is described by Section 249.001(1) from
building two accessory dwelling units before, after, or
concurrently with the primary dwelling unit; or
(16) prohibits the construction of accessory dwelling
units consistent with this chapter under otherwise applicable open
space or permeable surface restrictions.
(b) Subsection (a)(4) does not limit a political
subdivision's authority to require the replacement of parking
required for the primary dwelling unit if the accessory dwelling
unit construction eliminates the primary dwelling unit's existing
parking.
Sec. 249.003. AUTHORIZED REGULATION. (a) Except as
provided by this chapter, a political subdivision's height
limitations, front setback limitations, site plan review, and other
zoning requirements that are generally applicable to residential
construction for the area in which an accessory dwelling unit is
built apply to the accessory dwelling unit.
(b) A political subdivision may publish accessory dwelling
unit plans, building codes, and design standards that are permitted
in the political subdivision. Subject to Section 249.002, standards
may include height, setback, landscape, aesthetics standards, and
maximum size of an accessory dwelling unit.
(c) A political subdivision may authorize an accessory
dwelling unit on a lot that:
(1) contains a structure subject to a historic
preservation law, subject to a political subdivision's authority to
regulate under other law, including Section 211.003;
(2) is located in an area used to implement a water
conservation plan described by Section 11.1271 or 13.146, Water
Code; or
(3) is located in an area subject to a standard imposed
by the Texas Water Development Board as described by Section
3000.002(c), Government Code.
(d) A political subdivision may apply the political
subdivision's regulations on short-term rental units to an
accessory dwelling unit.
(e) A political subdivision may prohibit the sale of an
accessory dwelling unit separately from the primary dwelling unit.
Sec. 249.004. PERMIT APPROVAL REQUIREMENTS. (a) A
political subdivision that requires a permit to construct an
accessory dwelling unit shall:
(1) process the application for the permit
ministerially without discretionary review or a hearing;
(2) consider only whether the application satisfies
the applicable building codes, design standards, and fire codes;
and
(3) approve or deny the application not later than the
60th day after the date the applicant submits the completed
application.
(b) A permit application described by Subsection (a) is
considered approved if the political subdivision to which the
application is submitted does not approve or deny the application
on or before the 60th day after the date the applicant submits the
application.
Sec. 249.005. EFFECT ON OTHER RESTRICTIONS AND RULES. This
chapter does not supersede, preempt, or apply to a historic
preservation rule, deed restriction, or homeowners association
rule that limits or prohibits the construction of an accessory
dwelling unit.
Sec. 249.006. ATTORNEY GENERAL ENFORCEMENT. (a) In this
section:
(1) "No-new-revenue tax rate" means the
no-new-revenue tax rate calculated under Chapter 26, Tax Code.
(2) "Tax year" has the meaning assigned by Section
1.04, Tax Code.
(b) A person may submit a complaint to the attorney general
of a suspected violation of this chapter.
(c) Notwithstanding any other law, if the attorney general
determines that a political subdivision has violated this chapter,
the political subdivision may not adopt an ad valorem tax rate that
exceeds the political subdivision's no-new-revenue tax rate for the
following tax year.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.