House Bill No. 1779 introduces regulations concerning accessory dwelling units (ADUs) by political subdivisions in Texas. The bill establishes a new Chapter 249 in the Local Government Code, defining an accessory dwelling unit as a residential housing unit that is independent of the primary dwelling and located on a lot not zoned or zoned for single-family homes or duplexes. The bill prohibits political subdivisions from enacting certain regulations that would restrict the construction, sale, or leasing of ADUs, including prohibiting the building of an ADU before or concurrently with the primary dwelling, imposing excessive setback requirements, or limiting the size of an ADU to less than 50% of the primary dwelling or 800 square feet.
Additionally, the bill outlines that political subdivisions may still enforce general zoning requirements applicable to residential construction, but they cannot impose additional restrictions specific to ADUs. It mandates that permit applications for ADUs be processed ministerially without discretionary review, requiring a decision within 60 days. The bill also allows for complaints regarding violations to be submitted to the attorney general, who can enforce compliance by restricting the political subdivision's ability to adopt certain tax rates if violations are found. The act is set to take effect immediately upon receiving a two-thirds vote or on September 1, 2025, if not.
Statutes affected: Introduced: ()