The bill, H.B. No. 2480, introduces a new chapter to the Local Government Code that specifically addresses the regulation of accessory dwelling units (ADUs) by municipalities and counties in Texas. It defines an accessory dwelling unit as a complete and independent living facility located on a lot that is either not zoned or zoned for a single-family home or duplex. The governing bodies of municipalities and counties are granted the authority to regulate these units through ordinances or orders, which may include provisions for construction, occupancy, parking, and the imposition of fees for units exceeding 800 square feet. Additionally, the bill allows for the possibility of constructing multiple ADUs on larger lots and sets guidelines for the design and approval processes.

The legislation also stipulates that existing zoning requirements apply to ADUs and permits municipalities or counties to publish plans and standards for these units. It clarifies that regulations on short-term rentals can be applied to ADUs and prohibits the separate sale of an ADU from the primary dwelling unit. Importantly, the bill ensures that it does not override existing laws related to historic preservation or homeowners' association rules that may restrict the construction of ADUs. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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