85R4888 SCL-F
By: Parker H.B. No. 2551
A BILL TO BE ENTITLED
AN ACT
relating to regulation of short-term rentals by municipalities and
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.008 to read as follows:
Sec. 250.008. REGULATION OF SHORT-TERM RENTALS. (a) In
this section:
(1) "Local law" means an ordinance, order, regulation,
or similar measure.
(2) "Short-term rental" means a residential property,
including a single-family dwelling or a unit in a condominium,
cooperative, or time-share, that is rented wholly or partly for a
fee for a period not longer than 30 consecutive days.
(b) A municipality or county may not adopt or enforce a
local law that expressly or effectively prohibits the use of a
property as a short-term rental. Except as provided by this
section, a municipality or county may not adopt or enforce a local
law that restricts the use of or otherwise regulates a short-term
rental based on the short-term rental's classification, use, or
occupancy.
(c) A municipality or county may adopt or enforce a local
law that specifically regulates property used as a short-term
rental only if the county or municipality demonstrates that the
local law's primary purpose is to protect the public's health and
safety. Local laws authorized by this subsection include
regulations:
(1) addressing:
(A) fire and building codes;
(B) health and sanitation;
(C) traffic control; and
(D) solid or hazardous waste and pollution
control; and
(2) requiring the designation of an emergency contact
for the property.
(d) A municipality or county may adopt or enforce a local
law that limits or prohibits the use of a short-term rental only if
the law limits or prohibits the use of a rental for the purpose of:
(1) housing sex offenders;
(2) operating a structured sober living home or
similar enterprise;
(3) selling illegal drugs;
(4) selling alcohol or another activity that requires
a permit or license under the Alcoholic Beverage Code; or
(5) operating as a sexually oriented business.
(e) A municipality or county shall apply a local law
regulating land use to a short-term rental in the same manner as
another similar property. A local law described by this subsection
includes regulations on:
(1) residential use and other zoning matters;
(2) noise;
(3) property maintenance; and
(4) nuisance.
(f) This section may not be construed to affect regulations
of a private entity, including a property owners' association as
defined by Section 204.004, Property Code.
SECTION 2. This Act takes effect September 1, 2017.