88(R) SB 1412 - House Committee Report version - Bill Text

	By:  Hughes	S.B.  No.  1412
	(Holland)

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

	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;