Juanita Craft

Texas has NOT enacted a statewide ADU preemption or ADU-by-right statute. Local governments (municipalities and counties) retain full authority over ADU zoning, setbacks, parking, size limits, owner-occupancy, and permitting. Two recent housing-reform bills in the 89th Legislature (2025) touch density and zoning procedure but do NOT preempt ADU-specific local rules: SB 15 (Bettencourt, signed 2025-06-20, effective 2025-09-01) caps minimum single-family lot sizes in cities over 150,000 in counties over 300,000, and HB 24 (signed 2025-06-20, effective 2025-09-01) raises the protest petition threshold for zoning changes. A dedicated ADU-preemption bill — SB 673 (Hughes, 2025) — passed the Texas Senate on 2025-04-10 and was reported favorably by the House Land & Resource Management Committee on 2025-05-08, but died on the General State Calendar when the 89th Regular Session adjourned on 2025-06-02. In the absence of a state ADU statute, homeowners must consult the ordinance of the municipality (or the county's subdivision rules for unincorporated areas) where the lot sits.

• Texas SB 15 (89R, 2025) — Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee — Prohibits municipalities of population greater than 150,000 located in counties of population greater than 300,000 from imposing minimum lot sizes greater than a specified threshold (3,000 sqft for certain residentially zoned subdivisions; lower for new subdivisions) and limits their authority over setbacks, parking, permeable-surface, and height on those lots. Not ADU-specific, but functionally expands the footprint of small-lot single-family housing in Austin, Dallas, Fort Worth, Houston, San Antonio, and other qualifying cities. Signed 2025-06-20; effective 2025-09-01.
• Texas HB 24 (89R, 2025) — Relating to procedures for changes to a zoning regulation or district boundary — Raises the protest-petition threshold for neighboring property owners who wish to trigger a supermajority city-council vote on a rezoning from 20% to 60%, and constrains the ability of a small minority to block citywide zoning updates. Not ADU-specific; affects the procedural posture of any city-wide ADU-enabling rezoning. Signed 2025-06-20; effective 2025-09-01.

Texas does not operate an ADU-specific statewide loan, grant, or forgivable-loan program comparable to California's CalHFA ADU Grant. The Texas Department of Housing and Community Affairs (TDHCA) administers the state's general housing finance programs — My First Texas Home, My Choice Texas Home, Mortgage Credit Certificates, multifamily Housing Tax Credits, the Homeowner Assistance Fund, and Housing Trust Fund awards. None target ADU construction directly, but several can apply to an ADU as part of a primary-residence purchase or refinance when program criteria are met. ADU-specific financing in Texas is primarily local: the City of Austin's ADU Loan Program (administered through Neighborhood Housing and Community Development) and a handful of smaller pilot programs are the most visible, but these sit at the city tier, not the state tier.

• Texas Department of Housing and Community Affairs (TDHCA)
• Texas State Affordable Housing Corporation (TSAHC)