| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to short-term rental units that violate municipal |
|
|
ordinances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is |
|
|
amended by adding Chapter 95 to read as follows: |
|
|
CHAPTER 95. SHORT-TERM RENTAL UNITS |
|
|
Sec. 95.001. DEFINITIONS. In this chapter: |
|
|
(1) "Short-term rental unit" means a residence, |
|
|
including a single-family residence or a unit in an apartment, |
|
|
condominium, cooperative, timeshare, or other multiunit |
|
|
residential building, that is rented wholly or partly for a fee and |
|
|
for a period of less than 30 consecutive days. |
|
|
(2) "Short-term rental unit listing service" means a |
|
|
person who: |
|
|
(A) lists a short-term rental unit that is not |
|
|
owned by the person on an Internet website, application, or |
|
|
software for the purpose of facilitating the rental of the unit on |
|
|
behalf of the unit's owner; and |
|
|
(B) collects a fee from the owner for the rental |
|
|
of the unit or for the listing service. |
|
|
Sec. 95.002. REMOVAL OF LISTING REQUIRED. On the receipt of |
|
|
notice under Section 215.007, Local Government Code, of a third |
|
|
violation of a municipal ordinance within a one-year period |
|
|
involving a short-term rental unit that is listed by a short-term |
|
|
rental unit listing service, the listing service shall remove the |
|
|
unit from the listing service's Internet website, application, or |
|
|
other online platform for at least 30 days. |
|
|
Sec. 95.003. INJUNCTION. (a) The following persons may |
|
|
bring an action under Subsection (b): |
|
|
(1) a person who has incurred a loss or disruption of |
|
|
the conduct of the person's business as a result of a violation of a |
|
|
municipal ordinance involving a short-term rental unit; or |
|
|
(2) another person who has been harmed by a violation |
|
|
of a municipal ordinance involving a short-term rental unit. |
|
|
(b) A person described by Subsection (a) may bring an action |
|
|
for appropriate injunctive relief against the owner of a short-term |
|
|
rental unit that is the subject of three or more violations of |
|
|
municipal ordinances within a one-year period. The person bringing |
|
|
the action may seek and recover reasonable attorney's fees and |
|
|
court costs. |
|
|
SECTION 2. Subchapter A, Chapter 215, Local Government |
|
|
Code, is amended by adding Section 215.007 to read as follows: |
|
|
Sec. 215.007. NOTICE OF SHORT-TERM RENTAL UNIT VIOLATIONS. |
|
|
(a) In this section: |
|
|
(1) "Short-term rental unit" means a residence, |
|
|
including a single-family residence or a unit in an apartment, |
|
|
condominium, cooperative, timeshare, or other multiunit |
|
|
residential building, that is rented wholly or partly for a fee and |
|
|
for a period of less than 30 consecutive days. |
|
|
(2) "Short-term rental unit listing service" means a |
|
|
person who: |
|
|
(A) lists a short-term rental unit that is not |
|
|
owned by the person on an Internet website, application, or |
|
|
software for the purpose of facilitating the rental of the unit on |
|
|
behalf of the unit's owner; and |
|
|
(B) collects a fee from the owner for the rental |
|
|
of the unit or for the listing service. |
|
|
(b) A municipality shall provide written notice to a |
|
|
short-term rental unit listing service of a violation of a |
|
|
municipal ordinance involving a short-term rental unit listed on |
|
|
the listing service. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
conduct violating an ordinance that occurs on or after the |
|
|
effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |