Texas Senate Bill SB1398

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/30/09
• Voted on by Senate: 4/9/09
• Out of House Committee: 5/4/09
• Report Pass: 5/1/09

Caption

Relating to the requirement by a municipality of a license or permit to occupy or lease a dwelling unit.

Impact

If enacted, SB1398 would directly impact Texas local government laws and policies. Municipalities would lose the ability to enforce requirements that necessitate a license or permit for residents seeking to lease or occupy their homes. This could potentially lead to a more streamlined housing market as it removes additional bureaucratic hurdles for citizens, allowing for easier access to housing choices. However, it also raises concerns about local governments’ ability to regulate and manage housing effectively.

Summary

Senate Bill 1398 aims to prohibit municipalities from requiring individuals to obtain a license or permit as a condition for occupying or leasing a residential unit such as a single-family home or apartment. This legislation represents a significant shift in local government authority regarding housing and occupancy regulations. The bill targets regulation practices that some municipalities have implemented, requiring permits that can serve as barriers to housing access for residents.

Contention

The bill may spark considerable debate among lawmakers and stakeholders. Proponents argue that it promotes individual freedom and the accessibility of housing, claiming that the current licensing requirements serve only to complicate and restrict the renting process. Meanwhile, opponents may raise concerns about the implications for regulation related to safety, health, and community standards, arguing that local jurisdictions should retain the authority necessary to monitor and enforce housing regulations that protect residents.