Texas 2025 - 89th Regular

Texas Senate Bill SB673 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, West S.B. No. 673
2		-
3		-
	1	+	By: Hughes S.B. No. 673
	2	+	(In the Senate - Filed December 19, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Local Government;
	4	+	March 18, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 18, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to regulation of accessory dwelling units by political
9	12		subdivisions.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Subtitle C, Title 7, Local Government Code, is
12	15		amended by adding Chapter 249 to read as follows:
13	16		CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL
14	17		SUBDIVISIONS
15	18		Sec. 249.001. DEFINITION. In this chapter, "accessory
16	19		dwelling unit" means a residential housing unit that is:
17	20		(1) located on any lot that is not zoned or is zoned
18	21		for a single-family home or duplex;
19	22		(2) independent of the attached or detached primary
20	23		dwelling unit; and
21	24		(3) a complete and independent living facility for at
22	25		least one individual.
23	26		Sec. 249.002. CERTAIN REGULATIONS PROHIBITED. (a) A
24	27		political subdivision may not adopt or enforce an order, ordinance,
25	28		or other measure that:
26	29		(1) prohibits an owner of a lot described by Section
27	30		249.001(1) from building an accessory dwelling unit before, after,
28	31		or concurrently with the building of the primary dwelling unit on
29	32		the lot;
30	33		(2) prohibits the owner from entering into a
31	34		residential lease for an accessory dwelling unit;
32	35		(3) requires any owner occupancy of the primary
33	36		dwelling unit;
34	37		(4) requires parking for an accessory dwelling unit on
35	38		a lot that:
36	39		(A) was platted before 1965;
37	40		(B) is less than 7,000 square feet; or
38	41		(C) is located within 1,320 feet of a public
39	42		transit line;
40	43		(5) requires a minimum lot size for an accessory
41	44		dwelling unit that is larger than the minimum lot size required by
42	45		the political subdivision for:
43	46		(A) a single-family home or duplex, as
44	47		applicable, in a lot zoned for that purpose; or
45	48		(B) an accessory dwelling unit on September 1,
46	49		2025, if the political subdivision only required a property owner
47	50		to provide notice to the political subdivision of the proposed unit
48	51		to be authorized to build the unit;
49	52		(6) requires side or rear building, waterway, plane,
50	53		or other setbacks larger than five feet for an accessory dwelling
51	54		unit;
52	55		(7) prevents an owner of a lot zoned for a
53	56		single-family home or duplex from converting an existing structure
54	57		to an accessory dwelling unit by requiring setbacks larger than the
55	58		current structure's setbacks;
56	59		(8) applies the political subdivision's local growth
57	60		restrictions or density or bulk limitations to an accessory
58	61		dwelling unit;
59	62		(9) provides a limitation on the square footage of an
60	63		accessory dwelling unit that is less than:
61	64		(A) 50 percent of the square footage of the
62	65		primary dwelling unit; or
63	66		(B) 800 square feet;
64	67		(10) regulates the design of an accessory dwelling
65	68		unit, including the shape, size, massing, or distribution of square
66	69		footage between floors;
67	70		(11) requires the height of an accessory dwelling unit
68	71		to be less than 14 feet, measured from floor to ceiling;
69	72		(12) charges an impact fee unless the accessory
70	73		dwelling unit requires:
71	74		(A) an increase in the size of the meter or
72	75		connection to serve the primary dwelling unit; or
73	76		(B) a new meter or connection for the accessory
74	77		dwelling unit;
75	78		(13) charges any additional fee or any exaction,
76	79		including a parkland or right-of-way dedication;
77	80		(14) imposes any restriction of accessory dwelling
78	81		unit occupancy on the basis of age or employment relationship with
79	82		the primary dwelling unit owner;
80	83		(15) prohibits the construction of accessory dwelling
81	84		units consistent with this chapter under otherwise applicable open
82	85		space or permeable surface restrictions;
83	86		(16) prohibits construction of an accessory dwelling
84	87		unit in accordance with the current residential building code
85	88		adopted by this state or a housing regulatory authority of this
86	89		state; or
87	90		(17) prohibits an accessory dwelling unit based on its
88	91		orientation on the lot with respect to the primary dwelling unit if
89	92		space allows for that orientation.
90	93		(b) Subsection (a)(4) does not limit a political
91	94		subdivision's authority to require the replacement of parking
92	95		required for the primary dwelling unit if the accessory dwelling
93	96		unit construction eliminates the primary dwelling unit's existing
94	97		parking.
95	98		Sec. 249.003. AUTHORIZED REGULATION. (a) Except as
96	99		provided by this chapter, a political subdivision's height
97	100		limitations, front setback limitations, site plan review, and other
98	101		zoning requirements that are generally applicable to residential
99	102		construction for the area in which an accessory dwelling unit is
100	103		built apply to the accessory dwelling unit.
101	104		(b) A political subdivision may publish accessory dwelling
102	105		unit plans, building codes, and design standards that are permitted
103	106		in the political subdivision. Subject to Section 249.002,
104	107		standards may include height, setback, landscape, and maximum size
105	108		of an accessory dwelling unit.
106	109		(c) A political subdivision may authorize an accessory
107	110		dwelling unit on a lot that:
108	111		(1) contains a structure subject to a historic
109	112		preservation law, subject to a political subdivision's authority to
110	113		regulate under other law, including Section 211.003;
111	114		(2) is located in an area used to implement a water
112	115		conservation plan described by Section 11.1271 or 13.146, Water
113	116		Code; or
114	117		(3) is located in an area subject to a standard imposed
115	118		by the Texas Water Development Board as described by Section
116	119		3000.002(c), Government Code.
117	120		(d) A political subdivision may apply the political
118	121		subdivision's regulations on short-term rental units to an
119	122		accessory dwelling unit.
120	123		(e) A political subdivision may prohibit the sale of an
121	124		accessory dwelling unit separately from the primary dwelling unit
122	125		unless:
123	126		(1) the accessory dwelling unit is located on a
124	127		separate lot from the primary dwelling unit; or
125	128		(2) the accessory dwelling unit and the primary
126	129		dwelling unit are separate condominium units under Chapter 82,
127	130		Property Code.
128	131		(f) A political subdivision may apply the political
129	132		subdivision's parking regulations that are not prohibited under
130	133		Section 249.002(a)(4) to an accessory dwelling unit if the
131	134		regulations do not:
132	135		(1) require more than one parking space for each
133	136		accessory dwelling unit; and
134	137		(2) regulate the placement or adequacy of parking.
135	138		Sec. 249.004. PERMIT APPROVAL REQUIREMENTS. (a) A
136	139		political subdivision that requires a permit to construct an
137	140		accessory dwelling unit shall:
138	141		(1) process the application for the permit
139	142		ministerially without discretionary review or a hearing;
140	143		(2) consider only whether the application satisfies
141	144		the applicable building codes, design standards, and fire codes;
142	145		and
143	146		(3) approve or deny the application not later than the
144	147		60th day after the date the applicant submits the completed
145	148		application.
146	149		(b) A permit application described by Subsection (a) is
147	150		considered approved if the political subdivision to which the
148	151		application is submitted does not approve or deny the application
149	152		on or before the 60th day after the date the applicant submits the
150	153		application.
151	154		Sec. 249.005. EFFECT ON OTHER RESTRICTIONS AND RULES. This
152	155		chapter does not supersede, preempt, or apply to a historic
153	156		preservation rule, deed restriction, or homeowners association
154	157		rule that limits or prohibits the construction of an accessory
155	158		dwelling unit.
156	159		Sec. 249.006. PROPERTY OWNER ACTION. (a) A property owner
157	160		may bring an action against a political subdivision that violates
158	161		this chapter for damages resulting from the violation and
159	162		appropriate equitable relief.
160	163		(b) A court may award a prevailing claimant reasonable
161	164		attorney's fees and costs incurred in bringing an action under this
162	165		section. The claimant may not recover exemplary damages in the
163	166		action.
164	167		(c) Governmental immunity of a political subdivision to
165	168		suit and from liability is waived to the extent of liability created
166	169		by this section.
167	170		SECTION 2. This Act takes effect immediately if it receives
168	171		a vote of two-thirds of all the members elected to each house, as
169	172		provided by Section 39, Article III, Texas Constitution. If this
170	173		Act does not receive the vote necessary for immediate effect, this
171	174		Act takes effect September 1, 2025.
	175	+	* * * * *