Texas 2023 - 88th Regular

Texas House Bill HB2367

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.

Impact

If passed, this bill will modify the Local Government Code by adding a new chapter that outlines how residential amenity rentals—defined as facilities rented for less than 15 hours without providing sleeping accommodations—should be regulated. Political subdivisions will have the authority to enact regulations, impose registration fees, and establish penalties for violations. However, the bill strictly prohibits local ordinances from imposing limitations or restrictions that exceed those applicable to similarly situated operations, thereby creating a uniform framework for residential rental practices across the state.

Summary

House Bill 2367 addresses the regulation of residential amenity rentals by political subdivisions in Texas. It aims to provide a framework for local governments to register these types of rentals and enforce certain regulations. The bill mandates that any political subdivision wishing to regulate residential amenity rentals must allow for registration, designate emergency contacts for complaints, and inform adjacent property owners of rental intentions. This legislative move is aimed at balancing the interests of providers of such rentals while ensuring that local authorities can impose necessary oversight.

Sentiment

The reception of HB 2367 is polarized among stakeholders. Proponents argue that it upholds local governance and property rights, allowing communities to have control over how residential rentals operate in their areas. Testimonies from supporters highlight the importance of clarity and control in a rapidly evolving rental market. Conversely, opponents, including representatives from the American Planning Association, contend that the bill undermines the primary nature of residential zones, raising concerns over potential disturbances from unregulated party houses and an overall threat to neighborhood stability.

Contention

Key points of contention revolve around the potential for increased neighbor disputes and the balancing act of private property rights versus community welfare. Critics fear that allowing unrestricted residential rentals may lead to noise and nuisance issues, which current zoning laws are designed to prevent. As the bill progresses, the discussion will likely continue to center around these themes, weighing the need for regulatory control against the freedoms sought by property owners to utilize their homes as rental spaces.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 7. Type B General-law Municipality
    • Section: New Section

Companion Bills

TX SB1466

Very Similar Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.

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