Bill Text: TX SB1412 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to regulation of accessory dwelling units by political subdivisions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2023-05-23 - Statement(s) of vote recorded in Journal [SB1412 Detail]

Download: Texas-2023-SB1412-Comm_Sub.html

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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.