88R9602 SCL-D

By: Holland H.B. No. 2789

A BILL TO BE ENTITLED

AN ACT

relating to regulation of accessory dwelling units by political subdivisions.

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 247 to read as follows:

CHAPTER 247. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL

SUBDIVISIONS

Sec. 247.001. 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. 247.002. 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 247.001(1) from building an accessory dwelling unit before, after, or concurrently with the building of the primary dwelling unit on the lot;

(2) prohibits the owner from selling or renting an accessory dwelling unit;

(3) requires any owner occupancy of the primary dwelling unit;

(4) 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 single-family home or duplex, as applicable, in a lot zoned for that purpose;

(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 limitations on the square footage of an accessory dwelling unit, except that the political subdivision may prohibit the accessory dwelling unit from being larger than the primary dwelling unit if the limitation does not require the accessory dwelling unit to be smaller than 1,100 square feet;

(10) regulates the design of an accessory dwelling unit, including the shape, size, massing, or distribution of square footage between floors;

(11) charges an impact fee:

(A) in any amount for an accessory dwelling unit that is less than 750 square feet; or

(B) that conflicts with Chapter 395;

(12) charges any additional fee or any exaction, including a parkland or right-of-way dedication, specific to accessory dwelling units;

(13) imposes any restriction of accessory dwelling unit occupancy on the basis of age or employment relationship with the primary dwelling unit owner;

(14) prohibits an owner of a lot that is at least 10,000 square feet that is described by Section 247.001(1) from building two accessory dwelling units before, after, or concurrently with the primary dwelling unit; or

(15) 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. 247.003. 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 247.002, 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.

Sec. 247.004. 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 political subdivision receives 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 political subdivision receives the application.

Sec. 247.005. APPLICABILITY TO OTHER RESTRICTIONS AND RULES. This chapter does not limit the applicability of a historic preservation rule, deed restriction, or homeowners association rule that limits or prohibits the construction of an accessory dwelling unit.

Sec. 247.006. ENFORCEMENT. (a) A person may submit a complaint to the attorney general of a suspected violation of this chapter.

(b) 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 for the following ad valorem tax year that exceeds the political subdivision's no-new-revenue tax rate for that following tax year.

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, 2023.