The City of Irving issued a statement opposing House Bill (HB) 878, a piece of legislation filed on Tuesday, November 12, 2024, during the first day of the 89th Texas Legislative Session. HB 878 is one of more than 1,400 bills filed on the opening day, many of which aim to restrict city regulations on land use.
According to the City of Irving, HB 878 would prevent cities from prohibiting accessory dwelling units (ADUs) on lots zoned for single-family homes or duplexes. They also say that the bill limits cities’ ability to regulate building mass, setbacks, and height for ADUs and prohibits cities from requiring parking or charging additional fees when an ADU is added to an existing lot.
ADUs, often referred to as secondary units, include apartments over garages, basement apartments, or standalone backyard dwellings. These units can be used for housing family members or generating rental income. Under HB 878, the minimum residential lot size requirement would be capped at 2,500 square feet, with a minimum width of 16 feet and a depth of 30 feet.
What is House Bill 878?
House Bill 878 – Residential Land Use, Accessory Dwelling Units
Sponsored by Cody Vasut (R-Angleton), House Bill 878 focuses on regulating residential land use and accessory dwelling units (ADUs) by a political subdivision while authorizing a fee. According to a March report by The Texas Tribune, Vasut and other Texas Republicans are interested in relaxing land-use restrictions to allow for more housing development.
“We want to have good policies that encourage development in order to lower prices,” Vasut said during a February panel at a pro-housing gathering in Austin, according to the report. “And the best way to do that is to get the government slightly more out of the way so that the free market takes off and provides a good product at a lower price.”
The report also suggested that increasing housing development could help curtail rising property tax bills. By spreading the tax burden across a greater number of households, the growth of individual tax bills could potentially slow down.
HB 878 would prevent cities from prohibiting ADUs on lots zoned for single-family homes or duplexes. The bill also limits cities’ ability to regulate building mass, setbacks, and height for ADUs and prohibits cities from requiring parking or charging additional fees when an ADU is added to an existing lot.
Mixed Reactions from Homeowners
While the City of Irving and other municipalities have expressed concern about the bill’s restrictions on local regulatory authority, many Texas homeowners view HB 878 favorably.
One group of homeowners supports the bill because it allows them to decide how to use their properties without interference from city governments. They argue that allowing ADUs increases housing options, generates additional income, and provides flexibility for multigenerational families.
“Property owners should have the right to make decisions about their own land without excessive restrictions or financial penalties from city governments,” said one supporter of the bill.
Another group of homeowners sees ADUs as a solution to the rising cost of housing. They argue that the ability to expand their properties and rent out additional units is a necessity, not a luxury, in a market where home prices have become increasingly unaffordable.
“For some of us, renting out part of our property is the only way we can make ends meet or help others afford a place to live,” said a South Irving homeowner in support of HB 878. “If the city interferes, it could prevent people who need housing the most from being able to afford it, let alone buy a property in Irving.”
City officials, however, caution that the bill could lead to unintended consequences, such as overcrowding and infrastructure challenges in single-family neighborhoods.
Public Feedback Encouraged
Irving residents are encouraged to contact Rep. Cody Vasut, R-District 25, to express their views on HB 878:
- Address: 22 N. Velasco Street, Suite 25, Angleton, TX 77515
- Phone: (979) 848-1770
- Email: Cody.Vasut@house.texas.gov
Key Dates for the 89th Texas Legislature:
- Tuesday, Jan. 14, 2025: Legislature convenes
- Friday, March 14, 2025: Bill filing deadline
- Monday, June 2, 2025: Last day of the Regular Session
