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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of home-rule municipalities to regulate |
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the occupancy of dwelling units. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 211, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS RELATED TO OCCUPANCY |
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IN CERTAIN MUNICIPALITIES |
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Sec. 211.051. DEFINITIONS. In this subchapter: |
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(1) "Dwelling unit" means a house, apartment unit, or |
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any unit in a multiunit residential structure. The term does not |
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include a unit in a hotel, motel, or other establishment in which |
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more than half of the units are intended to be used for transient |
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accommodations. |
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(2) "University" means an institution of higher |
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education, as defined by Section 61.003, Education Code. |
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Sec. 211.052. APPLICABILITY. This subchapter applies only |
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to a home-rule municipality in which a university campus is |
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located. |
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Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS. (a) |
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Except as provided by Subsection (b), a municipality may not adopt |
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or enforce a zoning ordinance, rule, or other regulation that |
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limits the number of people who may occupy a dwelling unit based on: |
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(1) age; |
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(2) familial status; |
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(3) occupation; |
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(4) relationship status; or |
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(5) whether the occupants are related to each other by |
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a certain degree of affinity or consanguinity. |
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(b) A municipality may impose a limit on the number of |
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occupants of a dwelling unit that is not more restrictive than: |
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(1) one occupant per sleeping room with a minimum |
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floor area of 70 square feet; and |
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(2) one additional occupant for each additional 50 |
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square feet of floor area in the same sleeping room. |
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Sec. 211.054. NO EFFECT ON OTHER ZONING AUTHORITY. This |
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subchapter does not prohibit a municipality from imposing a limit |
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on the number of people who may occupy a dwelling unit based on |
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health and safety standards contained in: |
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(1) a building code as adopted under Subchapter G, |
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Chapter 214; |
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(2) a fire code; |
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(3) standards adopted by the Department of State |
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Health Services; or |
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(4) local, state, or federal affordable housing |
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program guidelines. |
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Sec. 211.055. LEASE REVIEW PROHIBITED. A municipality may |
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not require a real estate broker, agent, or other third party |
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fiduciary to submit for review or provide access to a lease or |
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related document to determine the number of unrelated occupants of |
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a dwelling unit for the purpose of enforcing a dwelling unit |
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occupancy requirement. |
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Sec. 211.056. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS |
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AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit a |
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property owner from enforcing rules or deed restrictions imposed by |
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a property owners' association or by other private agreement. |
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Sec. 211.057. PROPERTY OWNER ACTION. (a) A property owner |
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in a municipality that violates this subchapter may bring an action |
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against the municipality for damages incurred due to the violation |
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and for appropriate equitable relief. |
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(b) Governmental immunity of the municipality to suit and |
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from liability is waived to the extent of liability created by this |
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section. |
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(c) A court may award a prevailing claimant reasonable |
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attorney's fees incurred in bringing an action under this section. |
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SECTION 2. This Act takes effect September 1, 2025. |
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