By: Hughes S.B. No. 1412
 
  (Holland)
 
   
 
 
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.