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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of accessory dwelling units by political |
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subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL |
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SUBDIVISIONS |
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Sec. 247.001. DEFINITION. In this chapter, "accessory |
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dwelling unit" means a residential housing unit that is: |
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(1) located on any lot that is not zoned or is zoned |
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for a single-family home or duplex; |
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(2) independent of the attached or detached primary |
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dwelling unit; and |
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(3) a complete and independent living facility for at |
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least one individual. |
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Sec. 247.002. CERTAIN REGULATIONS PROHIBITED. (a) A |
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political subdivision may not adopt or enforce an order, ordinance, |
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or other measure that: |
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(1) prohibits an owner of a lot described by Section |
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247.001(1) from building an accessory dwelling unit before, after, |
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or concurrently with the building of the primary dwelling unit on |
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the lot; |
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(2) subject to Section 247.003(e), prohibits the owner |
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from selling or entering into a residential lease of an accessory |
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dwelling unit; |
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(3) requires any owner occupancy of the primary |
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dwelling unit; |
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(4) requires parking for an accessory dwelling unit; |
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(5) requires a minimum lot size for an accessory |
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dwelling unit that is larger than the minimum lot size required by |
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the political subdivision for: |
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(A) a single-family home or duplex, as |
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applicable, in a lot zoned for that purpose; or |
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(B) an accessory dwelling unit on September 1, |
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2023, if the political subdivision only required a property owner |
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to provide notice to the political subdivision of the proposed unit |
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in order to be authorized to build the unit; |
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(6) requires side or rear building, waterway, plane, |
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or other setbacks larger than five feet for an accessory dwelling |
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unit; |
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(7) prevents an owner of a lot zoned for a |
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single-family home or duplex from converting an existing structure |
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to an accessory dwelling unit by requiring setbacks larger than the |
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current structure's setbacks; |
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(8) applies the political subdivision's local growth |
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restrictions or density or bulk limitations to an accessory |
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dwelling unit; |
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(9) provides a limitation on the square footage of an |
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accessory dwelling unit that is less than: |
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(A) 50 percent of the square footage of the |
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primary dwelling unit; or |
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(B) 800 square feet; |
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(10) regulates the design of an accessory dwelling |
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unit, including the shape, size, massing, or distribution of square |
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footage between floors; |
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(11) requires the height of a room in an accessory |
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dwelling unit to be more than 14 feet, measured from floor to |
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ceiling; |
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(12) charges an impact fee: |
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(A) in any amount for an accessory dwelling unit |
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that is less than 800 square feet; or |
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(B) that conflicts with Chapter 395; |
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(13) charges any additional fee or any exaction, |
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including a parkland or right-of-way dedication, specific to |
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accessory dwelling units; |
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(14) imposes any restriction of accessory dwelling |
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unit occupancy on the basis of age or employment relationship with |
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the primary dwelling unit owner; |
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(15) prohibits an owner of a lot that is at least |
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10,000 square feet that is described by Section 247.001(1) from |
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building two accessory dwelling units before, after, or |
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concurrently with the primary dwelling unit; or |
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(16) prohibits the construction of accessory dwelling |
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units consistent with this chapter under otherwise applicable open |
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space or permeable surface restrictions. |
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(b) Subsection (a)(4) does not limit a political |
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subdivision's authority to require the replacement of parking |
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required for the primary dwelling unit if the accessory dwelling |
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unit construction eliminates the primary dwelling unit's existing |
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parking. |
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Sec. 247.003. AUTHORIZED REGULATION. (a) Except as |
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provided by this chapter, a political subdivision's height |
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limitations, front setback limitations, site plan review, and other |
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zoning requirements that are generally applicable to residential |
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construction for the area in which an accessory dwelling unit is |
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built apply to the accessory dwelling unit. |
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(b) A political subdivision may publish accessory dwelling |
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unit plans, building codes, and design standards that are permitted |
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in the political subdivision. Subject to Section 247.002, standards |
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may include height, setback, landscape, aesthetics standards, and |
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maximum size of an accessory dwelling unit. |
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(c) A political subdivision may authorize an accessory |
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dwelling unit on a lot that: |
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(1) contains a structure subject to a historic |
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preservation law, subject to a political subdivision's authority to |
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regulate under other law, including Section 211.003; |
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(2) is located in an area used to implement a water |
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conservation plan described by Section 11.1271 or 13.146, Water |
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Code; or |
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(3) is located in an area subject to a standard imposed |
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by the Texas Water Development Board as described by Section |
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3000.002(c), Government Code. |
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(d) A political subdivision may apply the political |
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subdivision's regulations on short-term rental units to an |
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accessory dwelling unit. |
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(e) A political subdivision may prohibit the sale of an |
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accessory dwelling unit separately from the primary dwelling unit. |
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Sec. 247.004. PERMIT APPROVAL REQUIREMENTS. (a) A |
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political subdivision that requires a permit to construct an |
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accessory dwelling unit shall: |
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(1) process the application for the permit |
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ministerially without discretionary review or a hearing; |
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(2) consider only whether the application satisfies |
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the applicable building codes, design standards, and fire codes; |
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and |
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(3) approve or deny the application not later than the |
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60th day after the date the applicant submits the completed |
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application. |
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(b) A permit application described by Subsection (a) is |
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considered approved if the political subdivision to which the |
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application is submitted does not approve or deny the application |
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on or before the 60th day after the date the applicant submits the |
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application. |
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Sec. 247.005. EFFECT ON OTHER RESTRICTIONS AND RULES. This |
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chapter does not supersede, preempt, or apply to a historic |
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preservation rule, deed restriction, or homeowners association |
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rule that limits or prohibits the construction of an accessory |
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dwelling unit. |
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Sec. 247.006. ENFORCEMENT. (a) A person may submit a |
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complaint to the attorney general of a suspected violation of this |
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chapter. |
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(b) Notwithstanding any other law, if the attorney general |
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determines that a political subdivision has violated this chapter, |
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the political subdivision may not adopt an ad valorem tax rate for |
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the following ad valorem tax year that exceeds the political |
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subdivision's no-new-revenue tax rate for that following tax year. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |