| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulation of short-term rental units by certain |
|
|
municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 7, Local Government Code, is |
|
|
amended by adding Chapter 218 to read as follows: |
|
|
CHAPTER 218. REGULATION OF SHORT-TERM RENTAL UNITS |
|
|
Sec. 218.001. DEFINITIONS. In this chapter: |
|
|
(1) "Short-term rental unit" means a dwelling that is: |
|
|
(A) used or designed to be used as the home of a |
|
|
person, family, or household, including a single-family dwelling or |
|
|
a unit in a multi-unit building, including an apartment, |
|
|
condominium, cooperative, or timeshare; and |
|
|
(B) 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 facilitates, including by listing short-term rental |
|
|
units on an Internet website, the rental of a short-term rental |
|
|
unit. |
|
|
Sec. 218.002. APPLICATION OF CHAPTER. This chapter applies |
|
|
only to a municipality that: |
|
|
(1) has a population of less than 1,000; and |
|
|
(2) borders Lake Travis. |
|
|
Sec. 218.003. AUTHORIZED MUNICIPAL LAWS. (a) In regard to |
|
|
a short-term rental unit, a municipality may prohibit: |
|
|
(1) the use of the unit to promote activities that are |
|
|
illegal under municipal or other law; |
|
|
(2) the provision or management of the unit by a |
|
|
registered sex offender or any person having been convicted of a |
|
|
felony; |
|
|
(3) the serving of food to a tenant unless the serving |
|
|
of food at the unit is otherwise authorized by municipal law; |
|
|
(4) the rental of the unit to a person younger than 18 |
|
|
years of age; or |
|
|
(5) the rental of the unit for less than 24 hours. |
|
|
(b) In regard to a short-term rental unit, a municipality |
|
|
may require: |
|
|
(1) a unit provider to: |
|
|
(A) designate an emergency contact responsible |
|
|
for responding to complaints regarding the unit; and |
|
|
(B) have the unit inspected on an annual basis by |
|
|
the local building code department or fire marshal, as applicable, |
|
|
to verify that the unit meets state and municipal requirements; and |
|
|
(2) either: |
|
|
(A) a unit provider or property manager on the |
|
|
provider's behalf to maintain property and liability insurance for |
|
|
the unit in an amount required by the municipality; or |
|
|
(B) the unit provider to provide proof that the |
|
|
short-term rental unit listing service that lists the unit is |
|
|
maintaining property and liability insurance for the unit in an |
|
|
amount required by the municipality. |
|
|
Sec. 218.004. PROHIBITED MUNICIPAL LAWS. Except as |
|
|
provided by this chapter, a municipality may not: |
|
|
(1) adopt or enforce an ordinance, rule, or other |
|
|
measure that: |
|
|
(A) prohibits or limits the use of property as a |
|
|
short-term rental unit; or |
|
|
(B) is applicable solely to short-term rental |
|
|
units, or short-term rental unit providers, short-term rental unit |
|
|
tenants, or other persons associated with short-term rental units; |
|
|
or |
|
|
(2) apply a municipal law, including a noise |
|
|
restriction, parking requirement, or building code requirement, or |
|
|
other law to short-term rental units or short-term rental unit |
|
|
providers, short-term rental unit tenants, or other persons |
|
|
associated with short-term rental units in a manner that is more |
|
|
restrictive or otherwise inconsistent with the application of the |
|
|
law to other similarly situated property or persons. |
|
|
Sec. 218.005. CONSTRUCTION OF CHAPTER. (a) This chapter |
|
|
does not prohibit: |
|
|
(1) a lessor, through the terms of a lease agreement, |
|
|
from restricting the use of the leased property as a short-term |
|
|
rental unit; or |
|
|
(2) a property owner from placing a restrictive |
|
|
covenant or easement on the property that restricts the future use |
|
|
of the property as a short-term rental unit. |
|
|
(b) This chapter does not prohibit a municipality from |
|
|
contracting with a third party to provide services that assist in |
|
|
ensuring compliance with municipal requirements imposed in |
|
|
accordance with this chapter. The third party may be a short-term |
|
|
rental unit listing service. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |