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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 rental properties by |
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municipalities and counties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. REGULATION OF SHORT-TERM RENTAL PROPERTIES |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Local law" means an ordinance, order, regulation, |
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or similar measure adopted by a municipality or county. |
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(2) "Short-term rental property" means a residential |
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property, including a single-family dwelling or a unit in a |
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condominium, cooperative, mixed-use development, or time-share, |
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that is rented wholly or partly for a fee for a period not longer |
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than 30 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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Sec. 247.002. CERTAIN LOCAL LAWS AUTHORIZED. A |
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municipality or county may not adopt or enforce a local law |
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applicable to a short-term rental property or a residential |
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property intended to be used as a short-term rental property other |
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than a local law that requires the owner or operator of the property |
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to: |
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(1) register the property as a short-term rental |
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property, including requiring the registrant to: |
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(A) identify the property's owner and operator, |
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and the owner's agent, as applicable; |
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(B) identify the address of the property; and |
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(C) pay a reasonable annual administrative fee in |
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the amount necessary to process and administer the registration, |
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not to exceed $100 a year; |
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(2) obtain all required tax registrations, receipts, |
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or certificates issued by the state, a county, or a municipality; |
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(3) update the registration when information in the |
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registration changes; |
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(4) comply with parking, noise, and solid waste |
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handling and containment requirements applicable to other |
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properties as well as short-term rental properties; and |
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(5) designate and maintain at all times a local |
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responsible party who: |
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(A) is domiciled in this state; |
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(B) resides less than 50 miles from the property; |
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and |
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(C) is capable of responding, including by |
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telephone, to a complaint or other immediate problem not later than |
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two hours after the complaint is made or the problem arises. |
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Sec. 247.003. CERTAIN LOCAL LAWS PROHIBITED. Except as |
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provided by this chapter, a municipality or county may not adopt or |
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enforce a local law that: |
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(1) expressly or effectively prohibits the use of a |
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property as a short-term rental property; |
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(2) regulates the duration or frequency of use of a |
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property as a short-term rental property; or |
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(3) limits the number of occupants in a short-term |
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rental property. |
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Sec. 247.004. EFFECT ON HOTEL OCCUPANCY TAXES. This |
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chapter does not affect the authority of a municipality or county to |
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impose a hotel occupancy tax on a person using a short-term rental |
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property in the same manner as the tax is imposed on a person using |
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other property the use of which is subject to the tax. |
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Sec. 247.005. CONSTRUCTION OF CHAPTER. (a) This chapter |
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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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(b) A short-term rental property is subject to applicable |
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federal, state, and local laws regarding rental discrimination. |
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This subsection is not intended to: |
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(1) impose an additional obligation other than an |
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obligation that exists under applicable federal, state, and local |
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law; or |
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(2) create an additional cause of action. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |