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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of short-term rental units in the |
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unincorporated area of certain counties; authorizing a civil |
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penalty; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 240, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF SHORT-TERM RENTAL UNITS IN CERTAIN |
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COUNTIES |
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Sec. 240.101. DEFINITIONS. In this subchapter: |
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(1) "Permit" means a permit issued under this |
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subchapter for the rental of a short-term rental unit. |
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(2) "Short-term rental unit" means a dwelling that is: |
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(A) used or designed to be used as the home of a |
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person, family, or household, including a single-family dwelling or |
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a unit in a multi-unit building, including an apartment, |
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condominium, cooperative, or timeshare; and |
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(B) rented wholly or partly for a fee and for a |
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period of less than 30 consecutive days. |
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(3) "Unit provider" means a person who rents a |
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short-term rental unit to another person. |
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Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county with a population of 585,000 or more that |
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is adjacent to a county with a population of 4 million or more. |
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Sec. 240.103. AUTHORITY TO REGULATE SHORT-TERM RENTAL |
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UNITS. (a) In accordance with this subchapter, the commissioners |
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court of a county by order may regulate short-term rental units |
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located in the unincorporated area of the county. |
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(b) A county regulation applicable to a short-term rental |
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unit may require the unit provider to: |
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(1) register the unit and obtain a permit under this |
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subchapter; and |
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(2) provide the contact information for the person |
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responsible for responding to complaints regarding the unit. |
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(c) If a county adopts a registration requirement for unit |
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providers under Subsection (b), a unit provider may not rent a |
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dwelling to another person as a short-term rental unit unless the |
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unit provider has a permit issued under this subchapter. |
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Sec. 240.104. REGISTRATION PERMITS; FEES. (a) A county |
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that adopts a registration requirement under Section |
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240.103(b)(1): |
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(1) shall approve or deny a registration application |
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not later than the 45th calendar day after the date the county |
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receives the application; and |
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(2) may require the applicant to affirm that the unit |
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does not violate any rules or bylaws of any condominium, |
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cooperative, property owners' association, or other similar entity |
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that has jurisdiction over the property in which the unit is |
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located. |
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(b) If the county approves a registration application, the |
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county shall issue to the applicant a permit that is valid for at |
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least one year. |
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(c) A county may not charge a registration fee in an amount |
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greater than the lesser of: |
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(1) the amount to cover the administrative costs of |
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enforcing the registration requirement; or |
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(2) $450. |
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(d) A county may not restrict the number of permits issued |
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under this subchapter. |
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(e) If a county fails to approve or deny a registration |
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application in accordance with Subsection (a)(1), the registration |
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is considered approved. |
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(f) A permit holder may not transfer a permit to another |
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person. |
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Sec. 240.105. COMPLAINTS. (a) A county that adopts a |
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registration requirement under Section 240.103 shall maintain an |
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Internet website or a telephone hotline that provides the contact |
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information of permit holders to members of the public for the |
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purpose of contacting permit holders regarding complaints about |
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short-term rental units. |
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(b) A permit holder shall keep the permit holder's current |
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contact information on file with the county, including the permit |
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holder's name, telephone number, and e-mail address. |
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Sec. 240.106. ENFORCEMENT; CIVIL PENALTY. (a) A county may |
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suspend a permit for a period not to exceed one year if the permit |
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holder violates a regulation adopted under this subchapter. |
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(b) A county may assess a civil penalty against a permit |
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holder not to exceed $200 per day for a violation under this |
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subchapter. |
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Sec. 240.107. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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does not prohibit: |
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(1) a condominium, cooperative, property owners' |
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association, or other similar entity from prohibiting or otherwise |
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restricting an owner of property within the entity's jurisdiction |
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from using the property as a short-term rental unit; |
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(2) a lessor, through the terms of a lease agreement, |
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from restricting the use of the leased property as a short-term |
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rental unit; or |
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(3) a property owner from placing a restrictive |
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covenant or easement on the property that restricts the future use |
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of the property as a short-term rental unit. |
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SECTION 2. This Act takes effect September 1, 2021. |