1 | 1 | | 87R6332 SCL-D |
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2 | 2 | | By: Shaheen H.B. No. 2515 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to short-term rental units that violate municipal |
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8 | 8 | | ordinances. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is |
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11 | 11 | | amended by adding Chapter 95 to read as follows: |
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12 | 12 | | CHAPTER 95. SHORT-TERM RENTAL UNITS |
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13 | 13 | | Sec. 95.001. DEFINITIONS. In this chapter: |
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14 | 14 | | (1) "Short-term rental unit" means a residence, |
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15 | 15 | | including a single-family residence or a unit in an apartment, |
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16 | 16 | | condominium, cooperative, timeshare, or other multiunit |
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17 | 17 | | residential building, that is rented wholly or partly for a fee and |
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18 | 18 | | for a period of less than 30 consecutive days. |
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19 | 19 | | (2) "Short-term rental unit listing service" means a |
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20 | 20 | | person who: |
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21 | 21 | | (A) lists a short-term rental unit that is not |
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22 | 22 | | owned by the person on an Internet website, application, or |
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23 | 23 | | software for the purpose of facilitating the rental of the unit on |
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24 | 24 | | behalf of the unit's owner; and |
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25 | 25 | | (B) collects a fee from the owner for the rental |
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26 | 26 | | of the unit or for the listing service. |
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27 | 27 | | Sec. 95.002. REMOVAL OF LISTING REQUIRED. On the receipt of |
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28 | 28 | | notice under Section 215.007, Local Government Code, of a third |
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29 | 29 | | violation of a municipal ordinance within a one-year period |
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30 | 30 | | involving a short-term rental unit that is listed by a short-term |
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31 | 31 | | rental unit listing service, the listing service shall remove the |
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32 | 32 | | unit from the listing service's Internet website, application, or |
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33 | 33 | | other online platform for at least 30 days. |
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34 | 34 | | Sec. 95.003. INJUNCTION. (a) The following persons may |
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35 | 35 | | bring an action under Subsection (b): |
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36 | 36 | | (1) a person who has incurred a loss or disruption of |
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37 | 37 | | the conduct of the person's business as a result of a violation of a |
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38 | 38 | | municipal ordinance involving a short-term rental unit; or |
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39 | 39 | | (2) another person who has been harmed by a violation |
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40 | 40 | | of a municipal ordinance involving a short-term rental unit. |
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41 | 41 | | (b) A person described by Subsection (a) may bring an action |
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42 | 42 | | for appropriate injunctive relief against the owner of a short-term |
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43 | 43 | | rental unit that is the subject of three or more violations of |
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44 | 44 | | municipal ordinances within a one-year period. The person bringing |
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45 | 45 | | the action may seek and recover reasonable attorney's fees and |
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46 | 46 | | court costs. |
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47 | 47 | | SECTION 2. Subchapter A, Chapter 215, Local Government |
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48 | 48 | | Code, is amended by adding Section 215.007 to read as follows: |
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49 | 49 | | Sec. 215.007. NOTICE OF SHORT-TERM RENTAL UNIT VIOLATIONS. |
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50 | 50 | | (a) In this section: |
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51 | 51 | | (1) "Short-term rental unit" means a residence, |
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52 | 52 | | including a single-family residence or a unit in an apartment, |
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53 | 53 | | condominium, cooperative, timeshare, or other multiunit |
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54 | 54 | | residential building, that is rented wholly or partly for a fee and |
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55 | 55 | | for a period of less than 30 consecutive days. |
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56 | 56 | | (2) "Short-term rental unit listing service" means a |
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57 | 57 | | person who: |
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58 | 58 | | (A) lists a short-term rental unit that is not |
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59 | 59 | | owned by the person on an Internet website, application, or |
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60 | 60 | | software for the purpose of facilitating the rental of the unit on |
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61 | 61 | | behalf of the unit's owner; and |
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62 | 62 | | (B) collects a fee from the owner for the rental |
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63 | 63 | | of the unit or for the listing service. |
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64 | 64 | | (b) A municipality shall provide written notice to a |
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65 | 65 | | short-term rental unit listing service of a violation of a |
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66 | 66 | | municipal ordinance involving a short-term rental unit listed on |
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67 | 67 | | the listing service. |
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68 | 68 | | SECTION 3. The changes in law made by this Act apply only to |
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69 | 69 | | conduct violating an ordinance that occurs on or after the |
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70 | 70 | | effective date of this Act. |
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71 | 71 | | SECTION 4. This Act takes effect September 1, 2021. |
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