Bill > HB878

This bill introduces comprehensive regulations for residential land use and accessory dwelling units (ADUs) in Texas, focusing on three main areas: municipal zoning restrictions for small residential lots, county land use regulations in high-density residential areas, and statewide standards for accessory dwelling units. For municipalities with populations over 85,000 in counties with over one million residents, the bill limits lot size requirements, mandating lots as small as 2,500 square feet and allowing up to 31.1 dwelling units per acre. For counties with fewer than one million residents, the bill allows limited land use regulation in high-density residential areas primarily related to health, safety, and property enjoyment. The most significant provisions concern accessory dwelling units, which the bill comprehensively regulates by prohibiting local restrictions on ADU construction, size, design, and occupancy. Political subdivisions cannot prevent ADU construction, impose overly restrictive parking or setback requirements, or charge excessive fees. The bill requires ministerial permit approval within 60 days and allows property owners to build up to two ADUs on lots over 10,000 square feet. If a political subdivision violates these regulations, the attorney general can limit their ability to adopt a tax rate above the no-new-revenue rate. The bill takes effect September 1, 2025, with some provisions for high-density residential areas taking effect in 2027.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB878