Legislation Forcing the City to Allow Accessory Dwelling Units Set for May 1 Hearing in Texas House

Senate Bill 673 by Sen. Bryan Hughes would require cities to allow accessory dwelling units (ADUs) in any single-family or multi-family zoning district. This could occur regardless of lot size or proximity to neighboring properties. This bill is set for a hearing on Thursday, May 1 at 8 a.m. in the Texas House Land and Resource Management Committee.

One major concern with this legislation is how adding additional living quarters in established neighborhoods would affect parking – most areas where ADUs could be built are in older parts of the city.

These areas have smaller houses, and over time many individuals have converted garages to bedrooms, pushing cars into the driveways or on the streets where on-street parking is already difficult. There is often no room to create more parking on these lot. A provision for one space to be required on larger properties is included, but it is not clear how this condition is applied.

City planners support requiring a minimum of one parking space unless within .25-miles (1,320 feet) of a transit station. The bill states “transit line,” however being near a line when the train doesn’t stop anywhere nearby is meaningless.

Most importantly, emergency vehicles already have difficulty getting down crowded streets. SB 673 will only worsen this.

Setback requirements could also create an imposition on neighboring properties. The bill’s minimum requirements for ADUs are less than 14 feet tall with a 5-foot setback on all sides. It would be helpful if ADUs were only allowed in the rear of the primary house and lot.

The final major concern is drainage. Neighborhoods were designed for a certain amount of coverage of permeable surfaces, but this bill would allow more coverage with no significant drainage requirements. SB 673 has a reference to not covering up too much permeable surface, but if a structure violates that provision, it does not matter as the ADU is allowed regardless.

The ADU cannot be platted separately, but because it can be sold as if it were a condo, it becomes a separate property as it would no longer be under the same ownership.

To comment on this legislation, contact one of the following members:

Bill Sponsor

SB 673

Sen. Bryan Hughes (R-District 1)

(512) 463-0101 | bryan.hughes@senate.texas.gov

The Texas House Land and Resource Management Committee

Chair: Rep. Gary Gates (R-District 28)

(512) 463-0657 | gary.gates@house.texas.gov

Vice Chair: Rep. Suleman Lalani (D-District 76)

(512) 463-0596 | suleman.lalni@house.texas.gov

Members:

Rep. Daniel Alders (R-District 6)

(512) 463-0584 | daniel.alders@house.texas.gov

Rep. Yvonne Davis (D-District 111)

(512) 463-0598 | yvonne.davis@house.texas.gov

Rep. Gina Hinojosa (D-District 49)

(512) 463-0668 | gina.hinojosa@house.texas.gov

Rep. Todd Hunter (R-District 32)

(512) 463-0672 | todd.hunter@house.texas.gov

Rep. Ray Lopez (D-District 125)

(512) 463-0669 | ray.lopez@house.texas.gov

Rep. Matt Morgan (R-District 26)

(512) 463-0710 | matt.morgan@house.texas.gov

Rep. Wes Virdell (R-District 53)

(512) 463-0536 | wes.virdell@house.texas.gov

The Irving Legislative Delegation

Rep. Rafael Anchia (D-District 103)

(512) 463-0746 | rafael.anchia@house.texas.gov

Rep. Cassandra Garcia Hernandez (D-District 115)

(512) 463-0468 | staff contact: fawaz.anwar@house.texas.gov

Rep. Terry Meza (D-District 105)

(512) 463-0641 | terry.meza@house.texas.gov

Sen. Nathan Johnson (D-District 16)

(512) 463-0116 | nathan.johnson@senate.texas.gov

Sen. Tan Parker (R-District 12)

(512) 463-0112 | tan.parker@senate.texas.gov