89R5055 SCL-D
By: Talarico H.B. No. 2480
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county regulation of accessory dwelling
units; authorizing fees.
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
MUNICIPALITIES AND COUNTIES
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. AUTHORIZED REGULATIONS. (a) The governing
body of a municipality or county may by ordinance or order regulate
accessory dwelling units in accordance with this chapter. The
ordinance or order may:
(1) allow an owner of a lot described by Section
249.001(1) to build 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(d), allow the owner to
sell or enter into a residential lease of an accessory dwelling
unit;
(3) allow owner occupancy of the primary dwelling
unit;
(4) allow parking for an accessory dwelling unit;
(5) allow an owner of a lot zoned for a single-family
home or duplex to convert an existing structure to an accessory
dwelling unit;
(6) regulate the design of an accessory dwelling unit,
including the shape, size, massing, or distribution of square
footage between floors;
(7) charge an impact fee in any amount for an accessory
dwelling unit that is more than 800 square feet;
(8) charge any additional fee or any exaction,
including a parkland or right-of-way dedication, specific to
accessory dwelling units;
(9) allow an owner of a lot that is at least 10,000
square feet that is described by Section 249.001(1) to build two
accessory dwelling units before, after, or concurrently with the
primary dwelling unit; or
(10) allow 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 municipality's or
county'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.
(c) An ordinance or order adopted under this section may
authorize an accessory dwelling unit on a lot that:
(1) contains a structure subject to a historic
preservation law, subject to a municipality's or county'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) An ordinance or order adopted under this section may not
impose a restriction on an accessory dwelling unit on the basis of
age or employment relationship with the primary dwelling unit
owner.
Sec. 249.003. AUTHORIZED LIMITATIONS. (a) A
municipality's or county'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 municipality or county may publish accessory dwelling
unit plans, building codes, and design standards that are permitted
in the municipality or county. Standards may include height,
setback, landscape, aesthetics standards, and maximum size of an
accessory dwelling unit.
(c) A municipality or county may apply the municipality's or
county's regulations on short-term rental units to an accessory
dwelling unit.
(d) A municipality or county may prohibit the sale of an
accessory dwelling unit separately from the primary dwelling unit.
Sec. 249.004. PERMIT APPROVAL DEADLINE. A municipality or
county that requires a permit to construct an accessory dwelling
unit may prescribe a deadline for approving the permit.
Sec. 249.005. EFFECT ON OTHER LAW. (a) This chapter does
not affect a municipality's or county's authority to regulate
accessory dwelling units under other law.
(b) 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.
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.