HB2480 - Relating to municipal and county regulation of accessory dwelling units; authorizing fees.

  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.