88R9602 SCL-D
 
  By: Hughes S.B. No. 1412
 
 
 
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.