Talarico Accessory Dwelling Bill Says ‘May’ And Binds No One

The text as introduced · 785 words

89R5055 SCL-D

By: Talarico
H.B. No. 2480

A BILL TO BE ENTITLED

AN ACT

relating to municipal and county regulation of accessory dwelling

units; authorizing fees.

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 249 to read as follows:

CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY

MUNICIPALITIES AND COUNTIES

Sec. 249.001. 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. 249.002. AUTHORIZED REGULATIONS. (a) The governing

body of a municipality or county may by ordinance or order regulate

accessory dwelling units in accordance with this chapter. The

ordinance or order may:

(1) allow an owner of a lot described by Section

249.001(1) to build an accessory dwelling unit before, after, or

concurrently with the building of the primary dwelling unit on the

lot;

(2) subject to Section 249.003(d), allow the owner to

sell or enter into a residential lease of an accessory dwelling

unit;

(3) allow owner occupancy of the primary dwelling

unit;

(4) allow parking for an accessory dwelling unit;

(5) allow an owner of a lot zoned for a single-family

home or duplex to convert an existing structure to an accessory

dwelling unit;

(6) regulate the design of an accessory dwelling unit,

including the shape, size, massing, or distribution of square

footage between floors;

(7) charge an impact fee in any amount for an accessory

dwelling unit that is more than 800 square feet;

(8) charge any additional fee or any exaction,

including a parkland or right-of-way dedication, specific to

accessory dwelling units;

(9) allow an owner of a lot that is at least 10,000

square feet that is described by Section 249.001(1) to build two

accessory dwelling units before, after, or concurrently with the

primary dwelling unit; or

(10) allow 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 municipality's or

county'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.

(c) An ordinance or order adopted under this section may

authorize an accessory dwelling unit on a lot that:

(1) contains a structure subject to a historic

preservation law, subject to a municipality's or county'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) An ordinance or order adopted under this section may not

impose a restriction on an accessory dwelling unit on the basis of

age or employment relationship with the primary dwelling unit

owner.

Sec. 249.003. AUTHORIZED LIMITATIONS. (a) A

municipality's or county'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 municipality or county may publish accessory dwelling

unit plans, building codes, and design standards that are permitted

in the municipality or county. Standards may include height,

setback, landscape, aesthetics standards, and maximum size of an

accessory dwelling unit.

(c) A municipality or county may apply the municipality's or

county's regulations on short-term rental units to an accessory

dwelling unit.

(d) A municipality or county may prohibit the sale of an

accessory dwelling unit separately from the primary dwelling unit.

Sec. 249.004. PERMIT APPROVAL DEADLINE. A municipality or

county that requires a permit to construct an accessory dwelling

unit may prescribe a deadline for approving the permit.

Sec. 249.005. EFFECT ON OTHER LAW. (a) This chapter does

not affect a municipality's or county's authority to regulate

accessory dwelling units under other law.

(b) 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.

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, 2025.