Texas 2025 - 89th Regular

Texas House Bill HB2480 Compare Versions

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

Old	New	Differences
1	1	89R5055 SCL-D
2	2	By: Talarico H.B. No. 2480
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal and county regulation of accessory dwelling
10	10	units; authorizing fees.
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
15	15	MUNICIPALITIES AND COUNTIES
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. AUTHORIZED REGULATIONS. (a) The governing
25	25	body of a municipality or county may by ordinance or order regulate
26	26	accessory dwelling units in accordance with this chapter. The
27	27	ordinance or order may:
28	28	(1) allow an owner of a lot described by Section
29	29	249.001(1) to build an accessory dwelling unit before, after, or
30	30	concurrently with the building of the primary dwelling unit on the
31	31	lot;
32	32	(2) subject to Section 249.003(d), allow the owner to
33	33	sell or enter into a residential lease of an accessory dwelling
34	34	unit;
35	35	(3) allow owner occupancy of the primary dwelling
36	36	unit;
37	37	(4) allow parking for an accessory dwelling unit;
38	38	(5) allow an owner of a lot zoned for a single-family
39	39	home or duplex to convert an existing structure to an accessory
40	40	dwelling unit;
41	41	(6) regulate the design of an accessory dwelling unit,
42	42	including the shape, size, massing, or distribution of square
43	43	footage between floors;
44	44	(7) charge an impact fee in any amount for an accessory
45	45	dwelling unit that is more than 800 square feet;
46	46	(8) charge any additional fee or any exaction,
47	47	including a parkland or right-of-way dedication, specific to
48	48	accessory dwelling units;
49	49	(9) allow an owner of a lot that is at least 10,000
50	50	square feet that is described by Section 249.001(1) to build two
51	51	accessory dwelling units before, after, or concurrently with the
52	52	primary dwelling unit; or
53	53	(10) allow the construction of accessory dwelling
54	54	units consistent with this chapter under otherwise applicable open
55	55	space or permeable surface restrictions.
56	56	(b) Subsection (a)(4) does not limit a municipality's or
57	57	county's authority to require the replacement of parking required
58	58	for the primary dwelling unit if the accessory dwelling unit
59	59	construction eliminates the primary dwelling unit's existing
60	60	parking.
61	61	(c) An ordinance or order adopted under this section may
62	62	authorize an accessory dwelling unit on a lot that:
63	63	(1) contains a structure subject to a historic
64	64	preservation law, subject to a municipality's or county's authority
65	65	to regulate under other law, including Section 211.003;
66	66	(2) is located in an area used to implement a water
67	67	conservation plan described by Section 11.1271 or 13.146, Water
68	68	Code; or
69	69	(3) is located in an area subject to a standard imposed
70	70	by the Texas Water Development Board as described by Section
71	71	3000.002(c), Government Code.
72	72	(d) An ordinance or order adopted under this section may not
73	73	impose a restriction on an accessory dwelling unit on the basis of
74	74	age or employment relationship with the primary dwelling unit
75	75	owner.
76	76	Sec. 249.003. AUTHORIZED LIMITATIONS. (a) A
77	77	municipality's or county's height limitations, front setback
78	78	limitations, site plan review, and other zoning requirements that
79	79	are generally applicable to residential construction for the area
80	80	in which an accessory dwelling unit is built apply to the accessory
81	81	dwelling unit.
82	82	(b) A municipality or county may publish accessory dwelling
83	83	unit plans, building codes, and design standards that are permitted
84	84	in the municipality or county. Standards may include height,
85	85	setback, landscape, aesthetics standards, and maximum size of an
86	86	accessory dwelling unit.
87	87	(c) A municipality or county may apply the municipality's or
88	88	county's regulations on short-term rental units to an accessory
89	89	dwelling unit.
90	90	(d) A municipality or county may prohibit the sale of an
91	91	accessory dwelling unit separately from the primary dwelling unit.
92	92	Sec. 249.004. PERMIT APPROVAL DEADLINE. A municipality or
93	93	county that requires a permit to construct an accessory dwelling
94	94	unit may prescribe a deadline for approving the permit.
95	95	Sec. 249.005. EFFECT ON OTHER LAW. (a) This chapter does
96	96	not affect a municipality's or county's authority to regulate
97	97	accessory dwelling units under other law.
98	98	(b) This chapter does not supersede, preempt, or apply to a
99	99	historic preservation rule, deed restriction, or homeowners
100	100	association rule that limits or prohibits the construction of an
101	101	accessory dwelling unit.
102	102	SECTION 2. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2025.