By: Springer H.B. No. 1792
A BILL TO BE ENTITLED
AN ACT
relating to regulation of residential short-term rental units;
creating offenses and authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.001, Business & Commerce Code, is
amended by amending Subdivision (2) and adding Subdivision (6-a) to
read as follows:
(2) "Commercial lodging establishment" means a hotel,
motel, inn, residential short-term rental unit, or similar entity
that offers lodging to the public in exchange for compensation.
(6-a) "Residential short-term rental unit" has the
meaning assigned by Section 341.001, Health and Safety Code.
SECTION 2. Section 341.001, Health and Safety Code, is
amended by adding Subdivision (6-a) to read as follows:
(6-a) "Residential short-term rental unit" means a
residential dwelling, including a single-family residence,
apartment, residential condominium unit, or other residential real
estate improvement, in which the public may obtain sleeping
accommodations in exchange for compensation for a period of less
than 30 consecutive days. The term applies regardless of whether
the dwelling was originally constructed or zoned as a residential
dwelling.
SECTION 3. Section 341.066, Health and Safety Code, is
amended to read as follows:
Sec. 341.066. TOURIST COURTS, HOTELS, INNS, [AND] ROOMING
HOUSES, AND RESIDENTIAL SHORT-TERM RENTAL UNITS. (a) A person
operating a tourist court, hotel, inn, [or] rooming house, or
residential short-term rental unit in this state shall:
(1) provide a safe and ample water supply for the
general conduct of the tourist court, hotel, inn, [or] rooming
house, or residential short-term rental unit; and
(2) submit samples of the water at least once a year
before May 1 to the department for bacteriological analysis.
(b) A tourist court, hotel, inn, [and] rooming house, and
residential short-term rental unit must be equipped with an
approved system of sewage disposal maintained in a sanitary
condition.
(c) An owner or operator of a tourist court, hotel, inn,
[or] rooming house, or residential short-term rental unit shall
keep the premises sanitary and shall provide every practical
facility essential for that purpose.
(d) An owner or operator of a tourist court, hotel, inn,
[or] rooming house, or residential short-term rental unit who
provides a gas stove for the heating of a unit in the facility shall
determine that the stove is properly installed and maintained in a
properly ventilated room.
(e) An owner, operator, or manager of a tourist court,
hotel, inn, [or] rooming house, or residential short-term rental
unit shall maintain sanitary appliances located in the facility in
good repair.
(f) Food offered for sale at a tourist court, hotel, inn,
[or] rooming house, or residential short-term rental unit shall be:
(1) adequately protected from flies, dust, vermin, and
spoilage; and
(2) kept in a sanitary condition.
(g) An owner, manager, or agent of a tourist court, hotel,
inn, [or] rooming house, or residential short-term rental unit may
not rent or furnish a unit to a person succeeding a previous
occupant before:
(1) thoroughly cleaning the unit; and
(2) providing clean and sanitary sheets, towels, and
pillowcases.
(h) An owner, operator, or manager of a tourist court,
hotel, inn, [or] rooming house, or residential short-term rental
unit shall maintain the facility in a sanitary condition.
(i) A tourist court, hotel, inn, [or] rooming house, or
residential short-term rental unit that does not conform to this
chapter is a public health nuisance.
SECTION 4. Section 791.021(a), Health and Safety Code, is
amended to read as follows:
(a) This section applies to:
(1) a hospital;
(2) a seminary;
(3) a college;
(4) an academy;
(5) a school;
(6) a dormitory;
(7) a hotel or other facility for the accommodation of
transient guests;
(8) a lodging house, apartment house, rooming house,
or boardinghouse;
(8-a) a residential short-term rental unit, as defined
by Section 341.001;
(9) a lodge hall;
(10) a theater or other public place of amusement; or
(11) any other facility used for public gatherings.
SECTION 5. Section 792.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Hotel" means a building in which members of the
public obtain sleeping accommodations for consideration, including
a hotel, motel, tourist home, tourist house, tourist court, hostel,
lodging house, rooming house, [or] inn, or residential short-term
rental unit as defined by Section 341.001. The term does not
include:
(A) a hospital, sanitarium, or nursing home; or
(B) a building in which all or substantially all
of the occupants have the right to use or possess their sleeping
accommodations for at least 28 consecutive days.
SECTION 6. Section 2155.001(a), Occupations Code, is
amended to read as follows:
(a) A hotel owner or keeper or owner of a residential
short-term rental unit, as defined by Section 2155.151, shall post
a card or sign in a conspicuous place in each hotel room stating:
(1) the daily room rate; and
(2) the date the card or sign was posted.
SECTION 7. Chapter 2155, Occupations Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. RESIDENTIAL SHORT-TERM RENTAL UNITS
Sec. 2155.151. DEFINITIONS. In this subchapter:
(1) "Residential short-term rental listing service"
means a business that maintains an Internet website or mobile
application that lists and facilitates the rental of residential
short-term rental units.
(2) "Residential short-term rental unit" means a
residential dwelling, including a single-family residence,
apartment, residential condominium unit, or other residential real
estate improvement in which the public may obtain sleeping
accommodations in exchange for compensation for a period of less
than 30 consecutive days. The term applies regardless of whether
the dwelling was originally constructed or zoned as a residential
dwelling.
Sec. 2155.152. COUNTY AND MUNICIPALITY REGULATION. (a)
This section applies only to:
(1) a county with a population of more than one
million;
(2) a county with a population of more than 300,000
that is adjacent to a county with a population of more than one
million; and
(3) a municipality located in a county described by
Subdivision (1) or (2).
(b) Except as provided by Subsection (c), a county or
municipality shall:
(1) characterize and treat a residential short-term
rental unit in the same manner as a hotel for purposes of consumer
protection, public health and human safety, taxation, licensing,
and zoning and other land use regulations; or
(2) adopt an order or ordinance, as applicable, to
specifically regulate residential short-term rental units.
(c) Subsection (b) does not apply to:
(1) a residential short-term rental unit that is
rented for no more than seven nights each calendar year; or
(2) a rental agreement for a residential short-term
rental unit in which:
(A) the unit is part of the primary residence of
the lessor;
(B) the unit is less than the entire dwelling;
(C) the lessor is generally present for the
duration of the rental; and
(D) if the primary residence includes more than
one unit, only one unit at the dwelling is rented at one time.
Sec. 2155.153. RESIDENTIAL SHORT-TERM RENTAL LISTING
SERVICES. (a) This section does not apply to a residential
short-term rental listing service that:
(1) is operated by a governmental entity;
(2) is operated by a nonprofit organization exempt
from federal income tax under Section 501(c)(6), Internal Revenue
Code of 1986:
(A) whose members or affiliates do not have a
direct or indirect pecuniary interest in the listing service, units
listed by the service, or any other residential short-term rental
listing service units;
(B) that either:
(i) is designated as a convention and
visitors bureau by a county or municipality; or
(ii) has an agreement with a governmental
entity to provide listing services for available lodging on an
Internet website or mobile application; and
(C) that was not created or used with the intent
to avoid the applicability of this section; or
(3) lists only residential short-term rental units
that are constructed to hotel standards.
(b) Before listing a residential short-term rental unit on
its Internet website or mobile application, a residential
short-term rental listing service shall obtain an affidavit signed
by the owner or tenant of the unit that:
(1) states that the owner or tenant is in compliance
with all applicable state and local laws governing the residential
short-term rental unit, including this subchapter, Chapters 156,
351, and 352, Tax Code, and any applicable deed restrictions, land
use covenants, or leases;
(2) includes all hotel tax taxpayer identification
numbers applicable to the unit; and
(3) is accompanied by any relevant documentation,
including a license or certificate of occupancy, to demonstrate
compliance with an order or ordinance adopted under Section
2155.152(b).
(c) A county or municipality may charge a fee for providing
a copy of any applicable documentation under Subsection (b)(3).
(d) If a governmental entity conducts an audit or seeks to
identify the owner of a residential short-term rental unit listed
on a residential short-term rental listing service's Internet
website or mobile application, the listing service shall comply
with the audit or investigation and provide any documentation
requested by the governmental entity that is related to the audit or
identification.
(e) A residential short-term rental listing service shall:
(1) obtain a new affidavit that meets the requirements
of Subsection (b) annually for each listing; and
(2) provide the date that each residential short-term
rental unit last provided an affidavit under this section on the
unit's listing on the listing service's Internet website or mobile
application.
(f) A person commits an offense if the person violates this
section. Each day that a violation occurs or continues to occur
constitutes a separate offense. An offense under this subsection
is a Class C misdemeanor.
SECTION 8. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2015.
(b) Section 791.021(a), Health and Safety Code, as amended
by this Act, takes effect January 1, 2017.