The bill, H.B. No. 1779, introduces Chapter 249 to the Local Government Code, which regulates accessory dwelling units (ADUs) by political subdivisions in Texas. It defines an accessory dwelling unit as a residential unit that is independent of the primary dwelling and can be built on lots not zoned for single-family homes or duplexes. The bill prohibits political subdivisions from enacting regulations that would restrict the construction, sale, or leasing of ADUs, including requirements for owner occupancy, minimum lot sizes, and excessive setbacks. It also establishes that any permit application for an ADU must be processed ministerially without discretionary review, and decisions must be made within 60 days.

Additionally, the bill allows political subdivisions to maintain certain zoning requirements applicable to residential construction while ensuring that they cannot impose more stringent regulations on ADUs than those that apply to single-family homes or duplexes. It clarifies that the chapter does not override existing historic preservation rules or homeowners association regulations. The Attorney General is empowered to enforce compliance with this chapter, and if violations are found, the political subdivision may face restrictions on adopting higher ad valorem tax rates. The bill is set to take effect immediately upon receiving a two-thirds vote or on September 1, 2025, if not.

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