Bill > SB673

This bill establishes comprehensive regulations for accessory dwelling units (ADUs) in Texas municipalities and counties, defining an ADU as a residential housing unit located on a lot zoned for single-family or duplex housing that provides a complete and independent living space. The bill significantly limits local governments' ability to restrict ADU construction by prohibiting regulations that would prevent property owners from building, leasing, or converting existing structures into ADUs. Specifically, the law prevents municipalities and counties from imposing overly restrictive requirements such as mandatory owner occupancy, excessive parking demands, prohibitive setback rules, design restrictions, or limitations on ADU size and height. The bill mandates that permit applications for ADUs must be processed ministerially within 60 days, with approval automatically granted if no action is taken. Local governments can still apply standard building codes, zoning requirements, and environmental regulations, but these cannot be more restrictive than those applied to single-family homes. The law allows municipalities and counties to regulate certain aspects of ADUs, such as short-term rental rules and sale restrictions, while explicitly preserving the ability of historic preservation rules, deed restrictions, and homeowners association guidelines to limit ADU construction. Property owners are empowered to take legal action against municipalities that violate these provisions, with potential recovery of attorney's fees.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB673