Texas ADU Laws 2026
No statewide mandate, but Austin and Houston lead with progressive ADU rules. City-by-city guide.
Statewide Overview
No Statewide ADU Law
Texas does not have a statewide ADU mandate. SB 673, which would have limited local restrictions on ADUs, passed the Senate but died in the House in May 2025. ADU regulations are entirely city-by-city.
Many Texas counties have no zoning at all (Houston famously has no traditional zoning), which creates unique opportunities for ADU construction. The two major markets with established ADU rules are Austin and Houston.
Austin ADU Rules
Eligible Zones
SF-1, SF-2, SF-3
Min Lot Size
5,750 sq ft
Max ADU Size
Up to 1,350 sq ft or 0.15 FAR
Setbacks
5 ft side and rear
Units per Lot
Up to 3 (HOME Initiative)
Permit Fees
$3,500 - $12,000
HOME Initiative
Austin's HOME (Home Options for Middle-income Empowerment) amendments, phased in from December 2023 through March 2025, allow up to 3 units per single-family lot. This includes the primary dwelling plus up to 2 ADUs, significantly expanding density options.
Austin Permit Process
1. Verify zoning, lot size, and address eligibility through Austin's online portal
2. Submit new construction permit application through AB+C portal
3. Plan review and fee payment
4. Activate permit, build per approved plans, schedule inspections
5. Final inspection and Certificate of Occupancy
Houston ADU Rules
Houston does not have traditional zoning, making it one of the most ADU-friendly major cities in America. The city's “Livable Places” ordinance (November 27, 2023) formalized rules for “Second Dwelling Units.”
Max Size
1,500 sq ft
Lot Requirement
Single-family, no deed restrictions
Setbacks
5 ft side and rear
Parking
By unit size
Effective
November 27, 2023
Zoning
No traditional zoning
Deed Restrictions Matter
While Houston has no zoning, many neighborhoods have deed restrictions that may limit ADU construction. Check your deed restrictions before planning. Properties without restrictions are eligible for up to 1,500 sq ft second dwelling units.
Other Texas Cities
ADU rules in other Texas cities are generally more restrictive. Typical limits range from 800–1,100 sq ft. Many counties outside major metros have no specific ADU regulations, defaulting to building code requirements only.
| City | Max Size | Status |
|---|---|---|
| Austin | 1,350 sq ft / 0.15 FAR | Progressive (HOME Initiative) |
| Houston | 1,500 sq ft | Friendly (no zoning) |
| San Antonio | 800-1,100 sq ft | Moderate restrictions |
| Dallas | Varies by zone | Expanding ADU options |
| Fort Worth | Varies | Limited ADU provisions |
SB 673: What Could Have Been
Senate Bill 673 would have created statewide limits on how much cities could restrict ADUs. It passed the Texas Senate but died in the House in May 2025. The bill would have prohibited cities from banning ADUs on single-family lots and limited parking and design requirements.
Until similar legislation passes, Texas ADU rules remain entirely local. Check your city's planning department for current requirements.
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