Bill Sponsors / Authors:

  Rep. Justin Holland
  R - Rockwall

  Sen. Bryan Hughes
  R - Mineola

 

Supporting Documents / Links:

•   Damon Crenshaw Opposing HB 2789
  March 29, 2023
•   Damon Crenshaw Opposing SB 1412
  April 3, 2023
•   https://www.letstalkhouston.org/adu
  City of Houston Planning Department ADU HOU webpage

Senate Bill 1412 – Accessory Dwelling

An Accessory Dwelling Unit (or “ADU”) is defined in § 247.001 as “a residential housing unit that is (1) located on any lot that is not zoned…; (2) independent of the attached or detached primary dwelling unit; and (3) a complete independent living facility for at least one individual.” 

Senate Bill 1412 by Senator Hughes would have amended the Local Government Code by adding Ch. 247, which would limit a political subdivision from regulating ADUs in a generous handful of ways.  

The language stated that political subdivision may not adopt or enforce an order, ordinance, or other measure that:

• Prohibits the building or selling/renting of an ADU
• Requires occupancy of an ADU
• Requires parking for an ADU
• Sets minimum lot size for ADUs specifically, side or rear setbacks larger than 5 ft, applies a local growth restriction, limits square footage, regulates the design, charges certain fees, and in the case of a very big lot, the owner may have two ADUs

The bill would have also created a 60-day shot clock for permit approval of these ADUs.

While this bill would not have preempted the City from enforcing deed restrictions that prohibit accessory dwelling units, this bill would have still caused concerns.

The City of Houston does not have zoning so the ability to adopt building code provisions to regulate buildings in the City of Houston is particularly important for the City.

For example, ADUs will inherently increase density in neighborhoods and therefore increasing the likelihood that more vehicles would be associated with that property.  The House version of ADU preemption (House Bill 2789) would have prohibited the City of Houston from requiring off-street parking which is essential for meeting increased densities.

This bill failed to pass to third reading in the House.