Texas ADU Rules

ADU Rules in Texas (2026)

ADU rules in Texas — no statewide ADU law. Regulation is entirely local. Key provisions and city-specific frameworks for accessory dwelling units.

Preempts Local Ordinances

No — local rules may be stricter

Has State Law

No — regulation is local

Statewide Preemption Status Unconfirmed

Unconfirmed

No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.

Local Control Framework

  • Texas has no statewide ADU law or ADU mandate as of 2026 · Source

  • ADU regulation is left to local municipalities — each city may permit or restrict ADUs · Source

  • Texas does have a tradition of limited local government intervention in property rights (strong property rights state) · Source

  • Texas Property Code Section 202.010 prohibits HOAs from banning solar energy devices · Source

  • Texas Cottage Food Law allows home-based food businesses without state permit · Source

  • Houston's lack of zoning effectively allows ADUs without zoning barriers · Source

  • Austin's HOME Ordinance (2023) is a local initiative — not state-mandated · Source

Legislative History

2023 — Austin HOME Ordinance (local, not state) · Source

Austin City Council (local, not state law) passed HOME Ordinance allowing up to 3 units on single-family lots citywide · Source

2023 — Texas HB 2071 (proposed, not enacted in full) · Source

Various Texas legislative proposals to limit local government zoning power and promote housing supply — partial measures passed but no comprehensive ADU preemption · Source

Source: Texas Local Zoning Authority. Last verified April 3, 2026. View source

Last updated: April 3, 2026
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Texas ADU Rules (2026) — Local Control & City Frameworks | PropertyZoned