By: Bhojani H.B. No. 5438
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on residential leasing in property owners'
  associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 202, Property Code, is amended by adding
  new section 202.0231 follows:
         Sec. 202.0231.  REGULATION OF RESIDENTIAL LEASING.
         (a)  A property owners' association may not establish,
  include, adopt, or enforce a provision in a dedicatory instrument,
  or construe a restricted covenant as, prohibiting an owner from
  executing a residential lease of at least six months.
         (b)  If an owner chooses to execute a residential lease with
  one or more tenants, a property owners' association may not
  establish, include, adopt, or enforce a provision in a dedicatory
  instrument that imposes occupancy limits beyond those in Property
  Code Sec. 92.010.
         SECTION 2.  (a)  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2025.