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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of short-term rentals and short-term rental |
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marketplaces by municipalities and counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.008 to read as follows: |
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Sec. 250.008. REGULATION OF SHORT-TERM RENTALS AND |
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SHORT-TERM RENTAL MARKETPLACES. (a) In this section: |
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(1) "Local law" means an ordinance, order, regulation, |
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or similar measure. |
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(2) "Short-term rental" means a residential property, |
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including a single-family dwelling or a unit in a condominium, |
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cooperative, mixed-use development, or time-share, that is rented |
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wholly or partly for a fee for a period not longer than 30 |
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consecutive days. The term does not include: |
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(A) a unit that is used for a nonresidential |
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purpose, including an educational, health care, retail, |
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restaurant, banquet space, or event center purpose or another |
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similar use; |
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(B) a bed and breakfast; or |
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(C) a commercial lodging establishment, |
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including a hotel or motel, that is not taxed as residential |
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property under Title 1, Tax Code. |
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(3) "Short-term rental marketplace" means a platform |
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through which the owner of or authorized agent of the owner of a |
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residential property, including a single-family dwelling or a |
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residential dwelling unit, offers a short-term rental for rent. |
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(b) Subsection (a)(2) does not affect the definition of a |
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short-term rental under: |
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(1) Section 156.001, Tax Code; |
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(2) an ordinance under Section 351.002, Tax Code; or |
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(3) an order or resolution under Section 352.002, Tax |
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Code. |
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(c) Except as provided by this section, a municipality may |
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not adopt or enforce a local law that restricts the use of or |
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otherwise regulates a short-term rental based on the property's |
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classification, use, or homestead status. If otherwise authorized |
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by law, a municipality may adopt or enforce a local law applicable |
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to short-term rentals: |
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(1) addressing: |
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(A) fire and building codes; |
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(B) health and sanitation; |
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(C) traffic control; |
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(D) solid or hazardous waste and pollution |
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control; |
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(E) requirements under Subchapter B, Chapter |
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232; and |
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(F) annual registration of short-term rentals, |
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including the assessment of a reasonable and necessary |
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administrative fee related to processing and administration of the |
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registration, not to exceed $100 annually; |
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(2) requiring the designation of an emergency contact |
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for the property; and |
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(3) prohibiting the use of a rental for the purpose of: |
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(A) housing sex offenders; |
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(B) operating a structured sober living home or |
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similar enterprise; |
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(C) selling illegal drugs; |
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(D) selling alcohol or another activity that |
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requires a permit or license under the Alcoholic Beverage Code; or |
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(E) operating as a sexually oriented business. |
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(d) Except as provided by this section, a municipality shall |
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apply a local law regulating land use to a short-term rental in the |
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same manner as another similar property. A local law described by |
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this subsection includes regulations on: |
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(1) zoning in accordance with the laws of this state; |
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(2) residential use; |
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(3) occupancy limitations; |
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(4) noise; |
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(5) property maintenance; and |
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(6) nuisance. |
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(e) Except as provided by this section, a municipality may |
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not adopt or enforce a local law that: |
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(1) expressly or effectively prohibits the use of a |
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private property as a short-term rental; |
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(2) regulates the operation of a short-term rental |
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marketplace; |
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(3) imposes a tax or fee on a person operating a |
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short-term rental marketplace that is not otherwise authorized by |
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the laws of this state; |
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(4) requires a person operating a short-term rental |
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marketplace to apply, calculate, collect, or remit a tax imposed |
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under Chapter 156, 351, or 352, Tax Code, except as otherwise |
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required by the laws of this state, regardless of whether the person |
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has previously provided those services; or |
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(5) imposes a tax on a person described by Subdivision |
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(4) for the provision of services described by that subdivision. |
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(f) This section does not affect the authority of a |
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municipality or county to adopt and enforce a local law that imposes |
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a hotel occupancy tax on a person using a short-term rental in the |
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same manner as the tax is imposed on a person using other property |
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the use of which is subject to the tax. |
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(g) If a hotel occupancy tax is authorized by the |
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municipality or county in which a short-term rental is located, a |
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person operating a short-term rental marketplace may apply, |
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calculate, collect, or remit a tax imposed by the state, |
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municipality, or county under Chapter 156, 351, or 352, Tax Code, as |
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applicable. |
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(h) This section may not be construed to: |
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(1) affect regulations of a private entity, including |
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a property owners' association as defined by Section 202.001, |
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Property Code; |
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(2) affect residential tenancies under Chapter 92, |
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Property Code; or |
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(3) otherwise limit a property owner's rights under |
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the laws of this state. |
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(i) A short-term rental is subject to applicable federal, |
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state, and local laws regarding rental discrimination. This |
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subsection is not intended to: |
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(1) impose any additional obligation other than an |
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obligation that exists under applicable federal, state, and local |
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laws; or |
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(2) create an additional cause of action. |
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SECTION 2. This Act takes effect September 1, 2017. |