ADU Laws in Texas (2026)
Texas state ADU law details, key provisions, preemption status, and recent legislative changes for accessory dwelling units.
Law Name
State ADU Law
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
Yes
Key Provisions
Texas has no statewide ADU law or ADU mandate as of 2026
ADU regulation is left to local municipalities — each city may permit or restrict ADUs
Texas does have a tradition of limited local government intervention in property rights (strong property rights state)
Texas Property Code Section 202.010 prohibits HOAs from banning solar energy devices
Texas Cottage Food Law allows home-based food businesses without state permit
Houston's lack of zoning effectively allows ADUs without zoning barriers
Austin's HOME Ordinance (2023) is a local initiative — not state-mandated
Legislative History
2023 — Austin HOME Ordinance (local, not state)
Austin City Council (local, not state law) passed HOME Ordinance allowing up to 3 units on single-family lots citywide
2023 — Texas HB 2071 (proposed, not enacted in full)
Various Texas legislative proposals to limit local government zoning power and promote housing supply — partial measures passed but no comprehensive ADU preemption
Official Sources
Source: Texas State ADU Law. Last verified April 3, 2026. View source