Bill Text: TX HB2789 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to regulation of accessory dwelling units by political subdivisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-02 - Committee report sent to Calendars [HB2789 Detail]
Download: Texas-2023-HB2789-Comm_Sub.html
88R20714 SCL-D | |||
By: Holland | H.B. No. 2789 | ||
Substitute the following for H.B. No. 2789: | |||
By: Burns | C.S.H.B. No. 2789 |
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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) subject to Section 247.003(e), prohibits the owner | ||
from selling or entering into a residential lease of an accessory | ||
dwelling unit; | ||
(3) requires any owner occupancy of the primary | ||
dwelling unit; | ||
(4) requires parking for an accessory dwelling unit; | ||
(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 | ||
in order 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 a room in an accessory | ||
dwelling unit to be more than 14 feet, measured from floor to | ||
ceiling; | ||
(12) charges an impact fee: | ||
(A) in any amount for an accessory dwelling unit | ||
that is less than 800 square feet; or | ||
(B) that conflicts with Chapter 395; | ||
(13) charges any additional fee or any exaction, | ||
including a parkland or right-of-way dedication, specific to | ||
accessory dwelling units; | ||
(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 an owner of a lot that is at least | ||
10,000 square feet that is described by Section 247.001(1) from | ||
building two accessory dwelling units before, after, or | ||
concurrently with the primary dwelling unit; or | ||
(16) prohibits 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 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, aesthetics standards, 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. | ||
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. ENFORCEMENT. (a) A person may submit a | ||
complaint to the attorney general of a suspected violation of this | ||
chapter. | ||
(b) Notwithstanding any other law, if the attorney general | ||
determines that a political subdivision has violated this chapter, | ||
the political subdivision may not adopt an ad valorem tax rate for | ||
the following ad valorem tax year that exceeds the political | ||
subdivision's no-new-revenue tax rate for that following tax year. | ||
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. |