| 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 Statutes affected: Introduced: () House Committee Report: () | ||