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 complete and independent living facility located on a lot that is not zoned or is zoned for a single-family home or duplex. 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 a political subdivision cannot impose limitations on the square footage of an ADU that is less than 50% of the primary dwelling unit or 800 square feet.
Additionally, the bill outlines the permit approval process for constructing ADUs, mandating that applications be processed ministerially without discretionary review and approved or denied within 60 days. It clarifies that this chapter does not override existing historic preservation rules or homeowners association regulations that may limit ADU construction. Furthermore, it allows individuals to report violations 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: ()