Texas 2025 - 89th Regular

Texas House Bill HB1779 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6367 SCL-D
2	2	By: Bucy H.B. No. 1779
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of accessory dwelling units by political
10	10	subdivisions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 7, Local Government Code, is
13	13	amended by adding Chapter 249 to read as follows:
14	14	CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL
15	15	SUBDIVISIONS
16	16	Sec. 249.001. DEFINITION. In this chapter, "accessory
17	17	dwelling unit" means a residential housing unit that is:
18	18	(1) located on any lot that is not zoned or is zoned
19	19	for a single-family home or duplex;
20	20	(2) independent of the attached or detached primary
21	21	dwelling unit; and
22	22	(3) a complete and independent living facility for at
23	23	least one individual.
24	24	Sec. 249.002. CERTAIN REGULATIONS PROHIBITED. (a) A
25	25	political subdivision may not adopt or enforce an order, ordinance,
26	26	or other measure that:
27	27	(1) prohibits an owner of a lot described by Section
28	28	249.001(1) from building an accessory dwelling unit before, after,
29	29	or concurrently with the building of the primary dwelling unit on
30	30	the lot;
31	31	(2) subject to Section 249.003(e), prohibits the owner
32	32	from selling or entering into a residential lease of an accessory
33	33	dwelling unit;
34	34	(3) requires any owner occupancy of the primary
35	35	dwelling unit;
36	36	(4) requires parking for an accessory dwelling unit;
37	37	(5) requires a minimum lot size for an accessory
38	38	dwelling unit that is larger than the minimum lot size required by
39	39	the political subdivision for:
40	40	(A) a single-family home or duplex, as
41	41	applicable, in a lot zoned for that purpose; or
42	42	(B) an accessory dwelling unit on September 1,
43	43	2025, if the political subdivision only required a property owner
44	44	to provide notice to the political subdivision of the proposed unit
45	45	in order to be authorized to build the unit;
46	46	(6) requires side or rear building, waterway, plane,
47	47	or other setbacks larger than five feet for an accessory dwelling
48	48	unit;
49	49	(7) prevents an owner of a lot zoned for a
50	50	single-family home or duplex from converting an existing structure
51	51	to an accessory dwelling unit by requiring setbacks larger than the
52	52	current structure's setbacks;
53	53	(8) applies the political subdivision's local growth
54	54	restrictions or density or bulk limitations to an accessory
55	55	dwelling unit;
56	56	(9) provides a limitation on the square footage of an
57	57	accessory dwelling unit that is less than:
58	58	(A) 50 percent of the square footage of the
59	59	primary dwelling unit; or
60	60	(B) 800 square feet;
61	61	(10) regulates the design of an accessory dwelling
62	62	unit, including the shape, size, massing, or distribution of square
63	63	footage between floors;
64	64	(11) requires the height of a room in an accessory
65	65	dwelling unit to be more than 14 feet, measured from floor to
66	66	ceiling;
67	67	(12) charges an impact fee:
68	68	(A) in any amount for an accessory dwelling unit
69	69	that is less than 800 square feet; or
70	70	(B) that conflicts with Chapter 395;
71	71	(13) charges any additional fee or any exaction,
72	72	including a parkland or right-of-way dedication, specific to
73	73	accessory dwelling units;
74	74	(14) imposes any restriction of accessory dwelling
75	75	unit occupancy on the basis of age or employment relationship with
76	76	the primary dwelling unit owner;
77	77	(15) prohibits an owner of a lot that is at least
78	78	10,000 square feet that is described by Section 249.001(1) from
79	79	building two accessory dwelling units before, after, or
80	80	concurrently with the primary dwelling unit; or
81	81	(16) prohibits the construction of accessory dwelling
82	82	units consistent with this chapter under otherwise applicable open
83	83	space or permeable surface restrictions.
84	84	(b) Subsection (a)(4) does not limit a political
85	85	subdivision's authority to require the replacement of parking
86	86	required for the primary dwelling unit if the accessory dwelling
87	87	unit construction eliminates the primary dwelling unit's existing
88	88	parking.
89	89	Sec. 249.003. AUTHORIZED REGULATION. (a) Except as
90	90	provided by this chapter, a political subdivision's height
91	91	limitations, front setback limitations, site plan review, and other
92	92	zoning requirements that are generally applicable to residential
93	93	construction for the area in which an accessory dwelling unit is
94	94	built apply to the accessory dwelling unit.
95	95	(b) A political subdivision may publish accessory dwelling
96	96	unit plans, building codes, and design standards that are permitted
97	97	in the political subdivision. Subject to Section 249.002, standards
98	98	may include height, setback, landscape, aesthetics standards, and
99	99	maximum size of an accessory dwelling unit.
100	100	(c) A political subdivision may authorize an accessory
101	101	dwelling unit on a lot that:
102	102	(1) contains a structure subject to a historic
103	103	preservation law, subject to a political subdivision's authority to
104	104	regulate under other law, including Section 211.003;
105	105	(2) is located in an area used to implement a water
106	106	conservation plan described by Section 11.1271 or 13.146, Water
107	107	Code; or
108	108	(3) is located in an area subject to a standard imposed
109	109	by the Texas Water Development Board as described by Section
110	110	3000.002(c), Government Code.
111	111	(d) A political subdivision may apply the political
112	112	subdivision's regulations on short-term rental units to an
113	113	accessory dwelling unit.
114	114	(e) A political subdivision may prohibit the sale of an
115	115	accessory dwelling unit separately from the primary dwelling unit.
116	116	Sec. 249.004. PERMIT APPROVAL REQUIREMENTS. (a) A
117	117	political subdivision that requires a permit to construct an
118	118	accessory dwelling unit shall:
119	119	(1) process the application for the permit
120	120	ministerially without discretionary review or a hearing;
121	121	(2) consider only whether the application satisfies
122	122	the applicable building codes, design standards, and fire codes;
123	123	and
124	124	(3) approve or deny the application not later than the
125	125	60th day after the date the applicant submits the completed
126	126	application.
127	127	(b) A permit application described by Subsection (a) is
128	128	considered approved if the political subdivision to which the
129	129	application is submitted does not approve or deny the application
130	130	on or before the 60th day after the date the applicant submits the
131	131	application.
132	132	Sec. 249.005. EFFECT ON OTHER RESTRICTIONS AND RULES. This
133	133	chapter does not supersede, preempt, or apply to a historic
134	134	preservation rule, deed restriction, or homeowners association
135	135	rule that limits or prohibits the construction of an accessory
136	136	dwelling unit.
137	137	Sec. 249.006. ATTORNEY GENERAL ENFORCEMENT. (a) In this
138	138	section:
139	139	(1) "No-new-revenue tax rate" means the
140	140	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
141	141	(2) "Tax year" has the meaning assigned by Section
142	142	1.04, Tax Code.
143	143	(b) A person may submit a complaint to the attorney general
144	144	of a suspected violation of this chapter.
145	145	(c) Notwithstanding any other law, if the attorney general
146	146	determines that a political subdivision has violated this chapter,
147	147	the political subdivision may not adopt an ad valorem tax rate that
148	148	exceeds the political subdivision's no-new-revenue tax rate for the
149	149	following tax year.
150	150	SECTION 2. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2025.