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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 by municipalities and |
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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. (a) In |
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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, or time-share, that is rented wholly or partly for a |
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fee for a period not longer than 30 consecutive days. |
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(b) A municipality or county may not adopt or enforce a |
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local law that expressly or effectively prohibits the use of a |
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property as a short-term rental. Except as provided by this |
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section, a municipality or county may not adopt or enforce a local |
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law that restricts the use of or otherwise regulates a short-term |
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rental based on the short-term rental's classification, use, or |
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occupancy. |
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(c) A municipality or county may adopt or enforce a local |
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law that specifically regulates property used as a short-term |
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rental only if the county or municipality demonstrates that the |
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local law's primary purpose is to protect the public's health and |
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safety. Local laws authorized by this subsection include |
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regulations: |
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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; and |
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(D) solid or hazardous waste and pollution |
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control; and |
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(2) requiring the designation of an emergency contact |
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for the property. |
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(d) A municipality or county may adopt or enforce a local |
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law that limits or prohibits the use of a short-term rental only if |
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the law limits or prohibits the use of a rental for the purpose of: |
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(1) housing sex offenders; |
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(2) operating a structured sober living home or |
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similar enterprise; |
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(3) selling illegal drugs; |
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(4) selling alcohol or another activity that requires |
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a permit or license under the Alcoholic Beverage Code; or |
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(5) operating as a sexually oriented business. |
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(e) A municipality or county shall apply a local law |
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regulating land use to a short-term rental in the same manner as |
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another similar property. A local law described by this subsection |
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includes regulations on: |
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(1) residential use and other zoning matters; |
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(2) noise; |
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(3) property maintenance; and |
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(4) nuisance. |
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(f) This section may not be construed to affect regulations |
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of a private entity, including a property owners' association as |
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defined by Section 204.004, Property Code. |
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SECTION 2. This Act takes effect September 1, 2017. |