By: Hughes S.B. No. 1412

(In the Senate - Filed March 1, 2023; March 16, 2023, read first time and referred to Committee on Local Government; April 24, 2023, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 24, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1412 By: Springer

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 entering into a residential lease for an accessory dwelling unit;

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

(4) requires parking for an accessory dwelling unit on a lot that:

(A) was platted before 1965;

(B) is less than 7,000 square feet; or

(C) is located within 1,320 feet of a public transit line;

(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, 2023, if the political subdivision only required a property owner to provide notice to the political subdivision of the proposed unit 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 an accessory dwelling unit to be less than 14 feet, measured from floor to ceiling;

(12) charges an impact fee unless the accessory dwelling unit requires:

(A) an increase in the size of the meter or connection to serve the primary dwelling unit; or

(B) a new meter or connection for the accessory dwelling unit;

(13) charges any additional fee or any exaction, including a parkland or right-of-way dedication;

(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 the construction of accessory dwelling units consistent with this chapter under otherwise applicable open space or permeable surface restrictions;

(16) prohibits construction of an accessory dwelling unit in accordance with the current residential building code adopted by this state or a housing regulatory authority of this state; or

(17) prohibits an accessory dwelling unit based on its orientation on the lot with respect to the primary dwelling unit if space allows for that orientation.

(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, 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 unless:

(1) the accessory dwelling unit is located on a separate lot from the primary dwelling unit; or

(2) the accessory dwelling unit and the primary dwelling unit are separate condominium units under Chapter 82, Property Code.

(f) A political subdivision may apply the political subdivision's parking regulations that are not prohibited under Section 247.002(a)(4) to an accessory dwelling unit if the regulations do not:

(1) require more than one parking space for each accessory dwelling unit; and

(2) regulate the placement or adequacy of parking.

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 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. 247.005. 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. 247.006. PROPERTY OWNER ACTION. (a) A property owner may bring an action against a political subdivision that violates this chapter for damages resulting from the violation and appropriate equitable relief.

(b) A court may award a prevailing claimant reasonable attorney's fees and costs incurred in bringing an action under this section. The claimant may not recover exemplary damages in the action.

(c) Governmental immunity of a political subdivision to suit and from liability is waived to the extent of liability created by this section.

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.

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