Hughes Accessory Dwelling Bill Leaves Homeowners Association Bans Standing

The text as introduced · 1,231 words

89R3977 SCL-D

By: Hughes
S.B. No. 673

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 249 to read as follows:

CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL

SUBDIVISIONS

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. 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

249.001(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,

2025, 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. 249.003. 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 249.002, 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 249.002(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. 249.004. 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. 249.005. 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. 249.006. 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, 2025.