89R3182 MP-F
By: Vasut H.B. No. 878
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of residential land use and accessory
dwelling units by a political subdivision; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 211, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN
MUNICIPALITIES
Sec. 211.051. DEFINITION. In this subchapter, "small lot"
means a residential lot that is 4,000 square feet or less.
Sec. 211.052. APPLICABILITY. This subchapter applies only
to a municipality:
(1) with a population of 85,000 or more; and
(2) that is wholly or partly located in a county with a
population of one million or more.
Sec. 211.053. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to affect requirements directly related to
sewer or water services.
Sec. 211.054. CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS
PROHIBITED. A municipality may not adopt or enforce an ordinance,
rule, or other measure that requires:
(1) a residential lot to be:
(A) larger than 2,500 square feet;
(B) wider than 16 feet; or
(C) deeper than 30 feet; or
(2) if regulating the density of dwelling units on a
residential lot, a ratio of dwelling units per acre that results in
fewer than 31.1 units per acre.
Sec. 211.055. SMALL LOTS. (a) A municipality may not adopt
or enforce an ordinance, rule, or other measure that requires a
small lot to have:
(1) a building, waterway, plane, or other setback
greater than:
(A) five feet from the front or back of the
property; or
(B) five feet from the side of the property;
(2) covered parking;
(3) more than one parking space per unit;
(4) off-site parking;
(5) more than 30 percent open space or permeable
surface;
(6) fewer than three full stories not exceeding 10
feet in height measured from the interior floor to ceiling;
(7) a maximum building bulk;
(8) a wall articulation requirement; or
(9) any other zoning restriction that imposes
restrictions inconsistent with this subsection, including
restrictions through contiguous zoning districts or uses or from
the creation of an overlapping zoning district.
(b) A municipality may require with respect to a small lot:
(1) the sharing of a driveway with another lot; or
(2) permitting fees equivalent to the permitting fees
charged for the development of a lot the use of which is restricted
to a single-family residence.
Sec. 211.056. NO EFFECT ON OTHER ZONING AUTHORITY. This
subchapter does not prohibit a municipality from imposing
restrictions that are applicable to all similarly situated lots or
subdivisions, including requiring all subdivisions or all small
lots to fully mitigate stormwater runoff.
Sec. 211.057. NO EFFECT ON HOMEOWNERS' ASSOCIATIONS AND
OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit
property owners from enforcing rules or deed restrictions imposed
by a homeowners' association or by other private agreement.
Sec. 211.058. SPECIAL EXCEPTION. (a) The owner of a
property that is subject to the provisions of this subchapter may
apply for a special exception from the lot or building requirements
of this subchapter.
(b) An application submitted under Subsection (a) must:
(1) propose to exempt a contiguous area subject to
this subchapter and designated only for single-family residential
use; and
(2) demonstrate:
(A) the approval of at least 51 percent of the
owners of the property located on a block face that is the subject
of the application, if the application proposes to exempt an area
containing all lots located on at least one block face and not more
than two opposing block faces; or
(B) the approval of at least 55 percent of the
owners of property located in the area that is the subject of the
application, if the application proposes to exempt an area
containing:
(i) all lots located on at least five block
faces composed of five or more lots; and
(ii) not more than 500 lots within the same
subdivision plat or 400 lots within two or more subdivision plats.
(c) A municipality shall adopt procedures that comply with
this chapter for providing notice, a hearing, and appeal of any
decision to approve or deny an application submitted under
Subsection (a).
(d) A special exception granted under this section may not
require a property to exceed the minimum lot size requirements for
other properties subject to the zoning regulations applicable to
the property.
Sec. 211.059. PROPERTY OWNER ACTION. (a) A property owner
may bring an action against a municipality that violates this
subchapter for damages resulting from the violation and appropriate
equitable relief.
(b) A court may award a prevailing claimant reasonable
attorney's fees incurred in bringing an action under this section.
The claimant may not recover exemplary damages in the action.
(c) Governmental immunity of a municipality to suit and from
liability is waived to the extent of liability created by this
section.
SECTION 2. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. LAND USE REGULATIONS FOR HIGH DENSITY RESIDENTIAL
AREAS IN CERTAIN COUNTIES
Sec. 231.301. DEFINITION. In this subchapter, "high
density residential area" means an area of land that:
(1) is in the unincorporated area of a county; and
(2) has more than two dwelling units per acre.
Sec. 231.302. APPLICABILITY. This subchapter applies only
to a high density residential area that:
(1) is located in a county with a population of less
than one million; and
(2) is not subject to other zoning authority provided
by this chapter.
Sec. 231.303. LIMITED LAND USE REGULATION IN HIGH DENSITY
RESIDENTIAL AREAS. (a) The commissioners court of a county may by
order regulate the use of land located in a high density residential
area in relation to:
(1) health and safety; or
(2) the quiet enjoyment of property, including
regulations of noise and signage.
(b) The commissioners court of a county may enter into an
agreement under Chapter 791, Government Code, with a law
enforcement agency for the purpose of enforcing an order adopted
under this section.
Sec. 231.304. PLATTING IN HIGH DENSITY RESIDENTIAL AREAS.
The commissioners court of a county may by order regulate the
platting of high density residential areas. The order may not
limit:
(1) lot sizes to be less than 10,000 square feet; or
(2) lot width to be less than 100 square feet.
SECTION 3. 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 zoned for a
single-family home or duplex or is not zoned;
(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) subject to Subsection (b), 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
tax year that begins on or after the date of the determination.
SECTION 4. Chapter 249, Local Government Code, as added by
this Act, applies only to a permit application submitted on or after
the effective date of this Act.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Subchapter N, Chapter 231, Local Government Code, as
added by this Act, takes effect September 1, 2027.