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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county regulation of accessory dwelling |
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units; authorizing a fee. |
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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 249 to read as follows: |
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CHAPTER 249. MUNICIPAL AND COUNTY REGULATION OF ACCESSORY DWELLING |
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UNITS |
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Sec. 249.001. 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. 249.002. APPLICABILITY OF CHAPTER. (a) Sections |
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249.004(a)(6), (7), (8), (9), (10), and (11) do not apply to a |
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municipality with a population of less than 150,000 or a county with |
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a population of less than 300,000 if the municipality or county has |
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adopted regulations for accessory dwelling units that: |
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(1) allow for a minimum accessory dwelling unit size |
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of at least 850 square feet; and |
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(2) are not more restrictive than the requirements |
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that would apply to a single-family home located on the site of the |
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accessory dwelling unit. |
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(b) Nothing in this section may be construed to prohibit a |
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municipality or county from adopting less restrictive standards for |
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accessory dwelling units. |
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Sec. 249.003. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to affect or conflict with requirements |
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implementing state water quality laws, including Chapter 366, |
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Health and Safety Code. |
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Sec. 249.004. CERTAIN REGULATIONS PROHIBITED. (a) A |
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municipality or county may not adopt or enforce an order, |
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ordinance, or other measure that: |
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(1) prohibits an owner of a lot described by Section |
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249.001(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) prohibits the owner from entering into a |
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residential lease for an accessory 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 on |
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a lot that: |
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(A) is less than 7,000 square feet; or |
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(B) is located within 1,320 feet of a public |
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transit line; |
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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 municipality or county 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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2025, if the municipality or county only required a property owner |
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to provide notice to the municipality or county of the proposed unit |
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to be authorized to build the unit; |
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(6) requires side or rear building, plane, or other |
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setbacks, not including setbacks related to environmental |
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features, erosion, or waterways to the extent authorized by federal |
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or state law, larger than five feet for an accessory dwelling 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 municipality's or county's local |
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growth 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, massing, or distribution of square |
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footage between floors; |
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(11) requires the height of an accessory dwelling unit |
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to be less than 14 feet, measured from floor to ceiling; |
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(12) charges an impact fee unless the accessory |
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dwelling unit requires: |
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(A) an increase in the size of the meter or |
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connection to serve the primary dwelling unit; or |
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(B) a new meter or connection for the accessory |
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dwelling unit; |
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(13) charges any additional fee or any exaction, |
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including a parkland or right-of-way dedication; |
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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 construction of an accessory dwelling |
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unit in accordance with the current residential building code |
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adopted by this state or a housing regulatory authority of this |
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state; or |
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(16) prohibits an accessory dwelling unit based on its |
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orientation on the lot with respect to the primary dwelling unit if |
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space allows for that orientation. |
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(b) Subsection (a)(4) does not limit a municipality's or |
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county's authority to require the replacement of parking required |
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for the primary dwelling unit if the accessory dwelling unit |
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construction eliminates the primary dwelling unit's existing |
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parking. |
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Sec. 249.005. AUTHORIZED REGULATION. (a) Except as |
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provided by this chapter, a municipality or county may apply the |
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municipality's or county's height limitations, front setback |
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limitations, open space or impervious cover limitations, |
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floodplain requirements, waterway setbacks, environmental |
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setbacks, drainage requirements, requirements related to erosion, |
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site plan review, and other zoning requirements to the extent |
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authorized by federal or state law, but only if those requirements: |
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(1) would be applicable to a single-family home or |
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duplex located on the same site as the accessory dwelling unit; and |
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(2) are not more restrictive than the requirements |
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applicable to a single-family home or duplex. |
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(b) A municipality or county may publish accessory dwelling |
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unit plans, building codes, and design standards that are permitted |
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in the municipality or county. Subject to Section 249.004, |
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standards may include height, setback, landscape, and maximum size |
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of an accessory dwelling unit. |
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(c) A municipality or county 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 municipality's or county's authority |
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to 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 municipality or county may apply the municipality's or |
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county's regulations on short-term rental units to an accessory |
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dwelling unit. |
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(e) A municipality or county may prohibit the sale of an |
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accessory dwelling unit separately from the primary dwelling unit |
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unless: |
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(1) the accessory dwelling unit is located on a |
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separate lot from the primary dwelling unit; or |
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(2) the accessory dwelling unit and the primary |
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dwelling unit are separate condominium units under Chapter 82, |
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Property Code. |
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(f) A municipality or county may apply the municipality's or |
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county's parking regulations that are not prohibited under Section |
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249.004(a)(4) to an accessory dwelling unit if the regulations do |
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not: |
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(1) require more than one parking space for each |
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accessory dwelling unit; and |
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(2) regulate the placement or adequacy of parking. |
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Sec. 249.006. PERMIT APPROVAL REQUIREMENTS. (a) A |
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municipality or county 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 municipality or county 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. 249.007. 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. 249.008. PROPERTY OWNER ACTION. (a) A property owner |
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may bring an action against a municipality or county that violates |
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this chapter for appropriate equitable relief. |
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(b) A court may award a prevailing claimant reasonable |
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attorney's fees and costs incurred in bringing an action under this |
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section. |
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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, 2025. |