HB1779 - Relating to regulation of accessory dwelling units by political subdivisions.

  89R6367 SCL-D     By: Bucy H.B. No. 1779       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)     subject to Section 249.003(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,   2025, 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 249.001(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.   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, 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.   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.     ATTORNEY GENERAL ENFORCEMENT. (a)     In this   section:                 (1)     "No-new-revenue tax rate" means the   no-new-revenue tax rate calculated under Chapter 26, Tax Code.                 (2)     "Tax year" has the meaning assigned by Section   1.04, Tax Code.           (b)     A person may submit a complaint to the attorney general   of a suspected violation of this chapter.           (c)     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 that   exceeds the political subdivision's no-new-revenue tax rate for the   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, 2025.