State Law | Texas vs California
Texas vs California Multiplex Rules: Side by Side (2026)
California sets these rules for small multiplexes at the state level: SB 9 for two homes and a lot split, a state ADU law, a statewide rent cap. Texas leaves the number of homes on a lot to each city and uses state law for other things: lot sizes on large new tracts, housing on commercial land, zoning protests and tenant rules. This page puts the two states side by side, with a source for every cell, and links to the full pages in both guides.
Texas vs California in six facts
- Texas has no state law that puts two homes on every single-family lot. Each city sets that rule under its zoning power in Local Government Code chapter 211. Source: Texas Local Gov. Code 211.003
- California's SB 9 (2021) requires staff approval, with no hearing, of up to two primary homes on a lot in a single-family zone. Source: California Gov. Code 65852.21
- Texas has no statewide accessory dwelling unit (ADU) law. SB 673 (2025) stopped on the House calendar; its last action was May 26, 2025. Source: Texas SB 673 bill history
- California's rent cap allows increases of at most 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, over 12 months, until January 1, 2030. Source: California Civil Code 1947.12
- In 2025 Texas issued permits for 3,178 two-unit buildings and California for 1,748, by the Census Bureau count. Source: Census Building Permits Survey, states
- The 2026 four-unit conforming loan limit is $1,601,750 in every Texas county and runs from $1,601,750 to $2,402,625 across California counties. Source: FHFA 2026 county loan limit file
The Comparison Table
Each cell links to the statute, agency file or page it comes from. Population uses the US Census Bureau's July 1, 2025 estimates for both states so the two columns are measured the same way.
| Topic | Texas | California |
|---|---|---|
| Population, July 1, 2025 (Census estimate) | 31,709,821 Source | 39,355,309 Source |
| 2025 permits, two-unit buildings (homes) | 3,178 (6,356) Source | 1,748 (3,496) Source |
| 2025 permits, three- to four-unit buildings (homes) | 727 (2,777) Source | 330 (1,137) Source |
| Two homes on a single-family lot by state law | No state law. Each city decides (Local Gov. Code 211.003) Source | SB 9 (2021): staff approval of up to two primary units in a single-family zone (Gov. Code 65852.21) Source |
| Splitting a lot | A plat under city rules; the city must act within 30 days of filing (Local Gov. Code 212.009) Source | SB 9 (2021) lot split into two parcels, each at least 1,200 sq ft and 40% of the original (Gov. Code 66411.7) Source |
| Small-lot subdivision law | SB 15 (2025): no required lot over 3,000 sq ft on new single-family tracts of 5+ unplatted acres in large cities Source | SB 684 (2023) and SB 1123 (2024): staff approval of maps with 10 or fewer parcels and 10 or fewer homes (Gov. Code 66499.41) Source |
| Accessory dwelling units (ADUs) | No state law. SB 673 (2025) stopped on the House calendar, May 26, 2025 Source | Staff approval of one converted ADU, one junior ADU and one detached ADU of up to 800 sq ft (Gov. Code 66323) Source |
| Owner must live on site for an ADU | No state rule. San Antonio requires it (UDC 35-371) Source | Cities may not require it (Gov. Code 66315) Source |
| Neighbor protests and hearings | HB 24 (2025): a protest against a rezoning that adds housing needs owners of 60% of land within 200 ft; a council majority can still approve Source | SB 9 approval needs no hearing; a project meeting objective standards faces at most five hearings (Gov. Code 65905.5) Source |
| Decision deadline | Building permit in 45 days, or the city may not collect permit fees (Local Gov. Code 214.904) Source | SB 9 application decided in 60 days, or deemed approved (Gov. Code 65852.21) Source |
| Rent limits | City rent control only after a disaster housing emergency, with the governor’s approval (Local Gov. Code 214.902) Source | 5% plus the change in the cost of living, or 10%, whichever is lower, per 12 months, until January 1, 2030 (Civil Code 1947.12) Source |
| Ending a month-to-month tenancy | One month’s notice by either side (Property Code 91.001) Source | Just cause required after 12 months of tenancy (Civil Code 1946.2) Source |
| Property tax growth limit | Homestead: appraised value up 10% a year at most (Tax Code 23.23). Other property up to $5,320,000 in 2026: 20%, expiring December 31, 2026 Source | Proposition 13: tax up to 1% of full cash value; base value up at most 2% a year (California Constitution Article XIII A) Source |
| Energy code for a new duplex | Chapter 11 of the 2015 IRC, the state standard since September 1, 2016 Source | 2025 California Energy Code, for permits applied for on or after January 1, 2026 Source |
| Fire sprinklers | Cities may not require them in a one- or two-family dwelling (Occupations Code 1301.551) Source | Not required in an ADU unless the main home needs them (Gov. Code 66323) Source |
| Conforming loan limit, four units, 2026 | $1,601,750 in every county Source | $1,601,750 (Sacramento, Fresno) to $2,402,625 (Los Angeles, Orange, Alameda, San Francisco, Santa Clara) Source |
Texas facts checked October 2026; California facts from the VanPlex California guide, checked October 2026. The Proposition 13 cell links to the California property tax page, which cites the constitutional text.
Row by Row
Population
The Census Bureau's Vintage 2025 estimates put California at 39,355,309 and Texas at 31,709,821 on July 1, 2025. Texas had 29,145,505 people in the 2020 Census. California's Department of Finance publishes its own figure for January 1, 2026, with a different date and method, so this page uses the Census numbers for both states.
Permits for two- to four-unit buildings
In the Census Bureau's 2025 state permit file, Texas issued permits for 3,178 two-unit buildings and 727 buildings of three or four units. California issued 1,748 and 330. Houston alone permitted 1,054 two-unit buildings. The Census counts each building by the homes it holds. ADU rules are compared in their own row below.
Two homes on a single-family lot
California's SB 9 (2021) requires ministerial approval, which is a staff check against fixed rules with no hearing, of up to two primary units in a single-family zone. The state housing agency's SB 9 fact sheet says it "facilitates the creation of up to four housing units in the lot area typically used for one single-family home." In Texas the city decides under Local Government Code 211.003. Austin allows up to three units on SF-1, SF-2 and SF-3 lots of 5,750 square feet; Dallas allows one home per single-family lot. See the California SB 9 page and the Austin page.
Splitting a lot
Under California Government Code 66411.7, an SB 9 lot split makes two parcels, neither smaller than 40 percent of the original lot, and each at least 1,200 square feet unless the city sets a smaller minimum. The applicant signs an affidavit of intent to live in one unit for three years. In Texas, dividing land into building lots needs a plat under city rules, and the city must approve, approve with conditions, or deny a plat within 30 days after filing, under Local Government Code 212.009. Lot size comes from the city's own code.
Small-lot subdivision laws
Texas SB 15 (2025) bars a city of more than 150,000 people in a county of more than 300,000 from requiring a lot larger than 3,000 square feet on a new single-family tract of five acres or more with no recorded plat. California's SB 684 (2023) and SB 1123 (2024), in Government Code 66499.41, require ministerial review of a map that creates 10 or fewer parcels with 10 or fewer homes on qualifying urban lots. See the California SB 684 page.
Accessory dwelling units
California Government Code 66323 requires staff approval, on a single-family lot, of one ADU and one junior ADU created inside the existing house or an accessory structure, plus one detached new ADU with 4-foot side and rear setbacks that the city may cap at 800 square feet. Under Section 66317, a complete application must be approved or denied within 60 days when a home already stands on the lot. Texas has no state ADU law: SB 673 (2025) stopped on the House calendar on May 26, 2025. Houston allows a detached second unit of up to 1,500 square feet, and Dallas needs an overlay or a special exception. See the Texas ADU page and the California ADU page.
Owner living on site
California Government Code 66315 bars cities from requiring an owner to live on a lot with an ADU. Texas has no state rule, so cities set their own: San Antonio's Unified Development Code (UDC), in Section 35-371, requires the owner to live in the main house or the ADU and to sign a notarized affidavit and a recorded covenant. An investor who will not live on the lot can add an ADU in California but not under San Antonio's ADU rule.
Neighbor protests and hearings
Texas HB 24 (2025) changed Local Government Code 211.0061: a protest against a rezoning that adds housing now needs owners of at least 60 percent of the land within 200 feet, and a majority of all council members can still approve it. California approves SB 9 and ADU projects ministerially, with no hearing, and Government Code 65905.5 limits a housing project that meets objective standards to five hearings after the application is complete.
Decision deadlines
Texas Local Government Code 214.904 gives a city 45 days to grant or deny a building permit application, give written reasons it cannot decide yet, or agree on a deadline; a city that misses it may not collect the permit fees and must refund them. California's SB 9 section, Government Code 65852.21, requires a decision on a complete application within 60 days, or it is "deemed approved." The California permit streamlining page covers more deadlines.
Rent limits
California's Civil Code 1947.12 limits rent increases over any 12 months to 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, and the section ends January 1, 2030. Housing with a certificate of occupancy issued in the previous 15 years is exempt, so a new California fourplex sits outside the cap for its first 15 years. In Texas, Local Government Code 214.902 lets a city adopt rent control only after its council finds a housing emergency due to a disaster and the governor approves the ordinance.
Ending a month-to-month tenancy
Texas Property Code 91.001 ends a month-to-month tenancy on the later of the date in the notice or one month after notice is given, unless a signed agreement sets another period, and either side may give it. California's Civil Code 1946.2 requires just cause, stated in the notice, once a tenant has lawfully lived in a unit for 12 months, and a no-fault ending requires relocation help equal to one month's rent. See the Texas landlord page and the California tenant page.
Property tax limits
Texas limits value growth. Under Tax Code 23.23, a homestead's appraised value can rise by no more than 10 percent a year plus new improvements. Other real property valued at $5,320,000 or less in 2026 has a 20 percent yearly cap that expires December 31, 2026. Texas also exempts $140,000 of a homestead's value from school taxes under Tax Code 11.13. California's Proposition 13 (Article XIII A of the state constitution) caps the general property tax at 1 percent of full cash value, and that value can rise by no more than 2 percent a year from its base. New construction in California gets its own new base value. See the Texas property tax page and the California property tax page.
Energy codes
Texas sets a statewide minimum through its State Energy Conservation Office: Chapter 11 of the 2015 IRC since September 1, 2016 for one- and two-family homes of three stories or fewer, and the 2015 International Energy Conservation Code (IECC) for other buildings. Texas cities may adopt newer codes. In California, the 2025 Energy Code applies to buildings whose permit applications are submitted on or after January 1, 2026. See the Texas building codes page and the California energy code page.
Fire sprinklers
Since January 1, 2009, Texas Occupations Code 1301.551(i) has barred a city from requiring fire sprinklers in a new or existing one- or two-family dwelling. On the California side, this guide verified one sprinkler rule, in ADU law: under Government Code 66323, sprinklers are not required in an ADU or junior ADU if the main home does not need them.
Loan limits
The FHFA 2026 county file gives every Texas county the baseline four-unit conforming limit of $1,601,750. California counties range from that same baseline in Sacramento and Fresno counties to $2,402,625 in Los Angeles, Orange, Alameda, San Francisco and Santa Clara counties, with San Diego County at $2,123,100. See the Texas financing page and the California financing page.
Best For
- ✓ Owners who want to see which multiplex rules come from state law in each state.
- ✓ Investors weighing California’s rent cap against Texas rules on notice and late fees.
- ✓ Builders who work in both states and need the code and loan limits in one place.
Usually Fails When
- ✕ The plan assumes a Texas city must allow SB 9-style lot splits.
- ✕ The plan assumes California tenant rules, or Texas ones, apply in the other state.
- ✕ The Texas budget assumes the 20 percent rental tax cap continues after 2026.
What To Verify Before Spending Money
- → The city code for the exact lot in Texas, and the SB 9 and ADU eligibility rules in California.
- → The local rent rules in California cities that have stricter ordinances.
- → The loan limit for the exact county.
Where to Go Next
Related on VanPlex: the California multiplex guide, the California SB 9 page in the global comparison and the Texas multiplex guide overview.
Frequently Asked Questions
Is it easier to build a fourplex in Texas or California?
Does Texas have a law like California SB 9?
Does Texas have rent control like California?
Which state has a statewide ADU law, Texas or California?
How do property taxes compare between Texas and California?
Are mortgage loan limits higher in California than in Texas?
Which state permitted more duplexes in 2025, Texas or California?
Does Texas require just cause to end a tenancy like California?
Which state has more people, Texas or California?
Which energy code applies to a new duplex in Texas and California?
Can neighbors block a rezoning for more housing in Texas or California?
Official sources (checked October 2026)
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